FULL TEXTS: Godfred Dame's filings opposing Richard Jakpa's mistrial, stay applications

The Attorney-General and Minister for Justice, Godfred Dame, has applied to the High Court in Accra to stop a motion for an enquiry into his conduct in the trial of Minority Leader, Dr. Cassiel Ato Forson, who has been accused of causing financial loss to the state in the purchase of 200 ambulances.

In addition to stopping the enquiry, Dame, through his lawyer, also opposes a motion seeking to order a mistrial of the ongoing trial.

"Affidavit in opposition to motion for an order of enquiry into the conduct of the Attorney General, order of mistrial, injunction and/or stay of proceeding in the instant criminal proceedings," part of a court document sighted by GhanaWeb reads.

The document indicated that the motion was filed by Dr. Ato Forson, who is the first accused in the case, and the 3rd accused, businessman Richard Jakpa, after allegations of witness coercion against the Attorney General.

Dame’s lawyer in the application indicated that all the allegations against him are untrue and unfounded.

"No proper grounds have been canvassed by the applicant to warrant a grant of this application, which is unknown to the laws governing criminal law and practice in Ghana.

"The instant application is a smokescreen and a veiled attempt by the applicant to abort his legitimate prosecution for actions committed as a public officer which led to the State losing colossal amounts of funds. The same is incompetent as no one has immunity from prosecution under the laws of Ghana."

The A-G's lawyer further stated that his client has denied the allegations against him and should be allowed to go on with the prosecution of the case.

"I respectfully say that the Attorney-General is vested with the constitutional responsibility to prosecute all crimes within the Republic and cannot be prohibited from discharging this constitutional duty in respect of any person in Ghana as all persons are equal before the law.

"The Respondent denies each and every allegation of material fact contained in the affidavit in support. The depositions in the affidavit in support of the instant application are laden with spurious allegations which are carefully and mischievously calculated at creating needless doubts about the ability of the court to dispense justice in this case."

The A-G's lawyer added, "Even though the applicant levels many wild and untrue allegations against the Attorney-General, no deposition in the affidavit in support attacks the integrity of the court or hints at any decision or action by the trial court which impedes the capacity of the court to administer justice in this case."

Dame opposes Jakpa's application



Dame replies Jakpa