The Court of Appeal has overturned a March 30, 2023 decision by the High Court that ordered Minority Leader Cassiel Ato Forson and Businessman Richard Jakpa to open their defence in respect of the ambulance purchase trial.
The Court of Appeal ruling by a 2-1 majority decision on Tuesday said Justice Afia Serwah Asare-Botwe’s ruling on the submission of no case that ordered the accused persons to answer to the prosecution’s charges was done in error.
Ato Forson and Richard Jakpa were standing trial for allegedly causing a €2.37 million financial loss to the state in the 2012 ambulance deal. Ato Forson, then a deputy finance minister had been accused of signing letters of credit without authorisation.
This fresh ruling means that Minority Leader Ato Forson and Richard Jakpa have been acquitted and discharged of the charges brought against them. The case at the High Court would also be suspended.
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The court’s decision also comes as Dr. Forson filed an appeal, challenging the earlier decision of the trial High Court to dismiss his submission of no case.
Justices Kweku Tawiah Ackaah-Boafo and Philip Bright Mensah, ruled in favor, while Justice Poku Acheampong the presiding judge of the panel dissented.
Despite the new decision by the Court of Appeal (the second highest court), Ato Forson and Richard Jakpa had already opened their defence and were and are being cross-examined by state prosecutors.
The trial has recently taken a revealing turn when Richard Jakpa accused Attorney-General Godfred Dame of witness tampering. Dr. Forson’s party, the National Democratic Congress (NDC), had said the prosecution was politically motivated.
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