What Kennedy Agyapong said about the trial of Ato Forson

On Thursday, May 23, 2024, there was a significant development in the trial of the former Deputy Finance Minister, Dr. Cassiel Ato Forson, regarding the purchase of around 200 ambulances during the Mahama administration.

During the court session on Thursday, one of the accused persons made some allegations against the Attorney-General and Minister of Justice, Godfred Yeboah Dame, during cross-examination.

Richard Jakpa, who is reported by 3news.com to have made this claim during the court proceedings on Thursday, May 23, 2024, stated that the Attorney General had contacted him at odd hours seeking his cooperation.

He made these remarks when Dame accused him of protecting Ato Forson, threatening to reveal more if the Attorney-General challenged him.

"The AG has on several occasions engaged me at odd hours to help him build a case against A1, and I have evidence of that," he claimed.

"If he pushes me, I will open Pandora's box. I don't understand why the AG would accuse me of defending A1 when I'm here to defend myself," the third accused is quoted as saying.

This development has raised doubts about the strength of the government's case against Ato Forson, who leads the minority caucus in Parliament.

Amid discussions about the latest development, a video of Kennedy Agyapong expressing strong disapproval of the trial of Ato Forson has surfaced on the internet.

Kennedy Agyapong, in March 2022, questioned the government's decision, warning that some appointees of the Akufo-Addo government could face serious trouble if a future NDC government decides to follow the same path.

"I disagree with the case against Ato Forson. Yes, the truth will kill me because if you say someone is a finance minister and a different ministry brings their contract to him to establish an LC (Letter of Credit) and you say this now, then the current ministers praising this must be careful," Kennedy Agyapong stated.

He argued that it was not Dr. Ato Forson's responsibility to ensure the delivery of the contract but rather the contracting ministries.

"In principle, if you tell me Ato Forson is causing financial loss to the state because he established an LC for a ministry, it is not his responsibility to check whether the goods were delivered or not. It is the responsibility of that particular ministry for which he established the LC to check. So, if that is the only basis for accusing him of causing financial loss to the state, I disagree," Kennedy Agyapong said.

While arguing his position, Kennedy Agyapong raised issues with the idea of charging ministers with causing financial loss to the state, saying, "when that happens, you are not empowering the ministers to sign any agreement again because they will take a cue from Ato Forson's case. Personally, I have always had an issue with the charge of causing financial loss to the state, honestly," he added.

Hmm 🤔 According to Kennedy Agyapong, as you chew the hand of a monkey, you take a close look at yours. An advice to AG; Godfred Odame over minority leader Ato Forson’s case.The table will turn soon. NPP NEVER 👎 AGAIN pic.twitter.com/ZOqytUFCdr

— Aristotlektv (@aristotledada) May 23, 2024

Background:

Richard Jakpa accused the Attorney General, Godfred Dame, of attempting to collude with him to make a case against the Majority Leader.

Jakpa, claimed during court proceedings on Thursday, May 23, 2024, that the Attorney General called him at odd hours to get his cooperation.

He made these remarks when Dame accused him of protecting Ato Forson, threatening to reveal more if the Attorney General dares him.

"The AG has on several occasions engaged me at odd hours to help him make a case against A1, and I have evidence for that.

"If he pushes me, I will open the Pandora's box. I don't understand why the AG would accuse me of defending A1 when I'm here to defend myself," the third accused is quoted as having said.

Dr. Ato Forson, a former Deputy Minister for Finance; Sylvester Anemana, a former Chief Director at the Ministry of Health, and private businessman Richard Jakpa, are standing trial for allegedly wilfully causing financial loss of €2.37 million to the state through a contract to purchase 200 ambulances for the Ministry of Health.

The trial of the former deputy finance minister and the two others began on January 18, 2022, before the court presided over by Justice Afia Serwah Asare-Botwe, a Court of Appeal Judge sitting as an additional High Court Judge.

They have pleaded not guilty to the five counts of wilfully causing financial loss to the state, abetment of crime, contravention of the Public Procurement Act, and intentionally misapplying public property.

The state in March 2024 opted to discontinue the case against the former Chief Director at the Ministry, who is currently undergoing further care in India due to health complications.

The the Office of the Attorney General's full statement below:

RE: REPUBLIC VRS. CASSIEL ATO FORSON & 2 OTHERS

FALSE ALLEGATIONS BY 3RD ACCUSED PERSON AGAINST ATTORNEY-GENERAL

The attention of the Office of the Attorney-General and Ministry of Justice has been drawn to media commentary by persons associated with the National Democratic Congress (NDC) on an allegation made by the third accused person, Richard Jakpa, during proceedings in court on 23rd May, 2024, that the Attorney-General desired his cooperation in the matter in order to secure a conviction of the 1st accused, Cassiel Ato Forson.

For the record, the Office of the Attorney-General and Ministry of Justice categorically denies the allegations and insinuations of the NDC, and responds as follows:

1. The Republic has throughout the trial, relied solely on the record of the impugned transaction, i.e. the purchase of ordinary vans purporting to be ambulances, to sustain its case against the accused persons. This record existed before January, 2022 (when the case was commenced) and was duly filed in Court by the prosecution before the commencement of the trial.

2. The Republic has never required or desired the cooperation of any of the accused persons in the matter, in which it has already succeeded in establishing a prima facie case against all the accused persons. Neither the Attorney-General nor any officer from the Office of the Attorney-General has approached any of the accused persons with the view to obtaining evidence from them.

3. It is rather the third accused who, by various letters dated 27th April, 2023, 16th May, 2023, 30th May, 2023 and 12th June, 2023, has proposed to the Republic through the Attorney-General to engage in plea bargaining or plea negotiations. This plea bargaining proposal has, to date, not been accepted by the Attorney-General.

4. Even though the law on plea bargaining passed by Parliament permits a prosecutor to negotiate with an accused person after a plea proposal has been made, the Attorney-General has not engaged the third accused person to give false testimony in the matter.

5. The Attorney-General has also come under enormous pressure from all manner of persons for him to discontinue the prosecution of the 1st accused person, Cassiel Ato Forson, but has not yielded.

6. The Attorney-General has video evidence of the first accused, person, Cassiel Ato Forson, coming to meet him and to plead with him to discontinue the prosecution. This, the Attorney-General has refused to do.

7. The Office of the Attorney-General and Ministry of Justice considers the latest allegation levelled against the Attorney-General as part of a grand scheme by the NDC to put more pressure on him to discontinue the prosecution or to divert attention from the real issues regarding the actions of the accused persons which have caused enormous financial loss to the State.

The public is entreated to disregard the allegations. The Attorney-General remains focused on a zealous prosecution of the case.

SGD: ALFRED TUAH YEBOAH, DEPUTY ATTORNEY-GENERAL & MINISTER FOR JUSTICE

EK/MA