Dr. Cassiel Ato Forson
Minority Leader Dr. Cassiel Ato Forson has filed a motion seeking an order of inquiry into the conduct of Attorney General (AG) Godfred Yeboah Dame following recent developments.
Dr. Forson, a former Deputy Minister for Finance who, along with businessman Richard Jakpa, has been accused in the purchase of some ambulances, is also asking the court for a mistrial, an injunction, and a stay of proceedings in his criminal case.
Basing his request on Articles 12(1), 91(1)(2)(c), and (e) of the 1992 Constitution and under the inherent jurisdiction of the court, he stated that the AG's conduct "shows egregious violations or attempted violations of my right to a fair trial."
In a motion filed on May 28, 2024, through his lawyers led by Dr. Abdul Aziz Basit Bamba, Dr. Forson asserted that the AG’s conduct also "seeks to sabotage the ends of justice."
Dr. Forson, who is the first accused in the ongoing trial, which has been mired in controversy, said it "evinces the inability of the Honourable Attorney General, Godfred Yeboah Dame, and his office to observe the core duty of the prosecution to serve a public duty in this case without any notion of winning or losing the case by all means, fair or foul."
Justice Afia Serwah Asare Botwe, a Justice of the Court of Appeal, is expected to hear this motion on June 4, 2024.
Jakpa's allegations:
Below are excerpts of what businessman Richard Jakpa said in court about the AG:
Mr. Jakpa: "My lady, I want to put on record that I am not here to defend A1."
Court: "I have not told you that you have defended A1."
Mr. Jakpa: "No, I am not talking about you."
Court: "Who said so?"
Mr. Jakpa: "The Attorney General did that... He accused me directly, and I want to respond."
Court: "Please, Mr. Jakpa, all that fight they were fighting and disgracing the Bench and the Bar, I did not write it. Please move on."
Mr. Jakpa: "My lady, I have heard that, but I want to make it clear here that the Attorney General has on several occasions had meetings with me privately at odd hours, both in person and on the phone, in respect of this case, to cooperate or answer questions in a manner that will make his case better against A1, and I have refused. I have evidence of that, and so if he is accusing me here that I am here to defend A1, he has brought hostilities to my doorstep, and I am responding to the hostilities. And if he continues on this angle, I will open Pandora's box, and we will all know actually what transpired. He has brought it up, and I will give it to him."
Court: "Sit down for a bit."
Mr. Jakpa: "My lady, I am a little bit uncomfortable."
Court: "Why are you uncomfortable?"
Mr. Jakpa: "I am angry because how can he accuse me of defending A1 when I am here to fight for my liberty, and he has been impressing on me to cooperate with him so that he can put A1 in jail, and I refused. So he comes here to accuse me of defending A1."
Court: "Mr. Jakpa, twice or three times you have said it. I have heard you."
Mr. Jakpa: "So, if he dares me, I will open Pandora's box here, and I have evidence for that."
Court: "As for Pandora's box, everybody in Ghana here is opening a Pandora's box."
Mr. Jakpa: "So let us slug it out, and I am ready for that."
Court: "You cannot use such language here in the court of law. Let me also caution you. You see, your lawyer is not doing his job; when you are granted bail, one of the conditions, apart from coming to court, is that you will also behave well."
Mr. Jakpa: "Yes, my lady."
Court: "So when you come to court and start saying things like 'we are slagging it out,' who is slagging what out?"
Mr. Jakpa: "He is daring me."
Court: "This is not about a show of manhood. I have told you it is okay. They should record what you have just said. Beyond recording what you have just said, there is nothing that any judge is supposed to do, and there are things people want to do, or they do not want to do. All the lawyers, let me see all of you in chamber."
The case was adjourned after they returned from chambers.
