Ambulance trial: Court of Appeal acquits and discharges Ato Forson

The Appeals Court has acquitted and discharged the Minority Leader of Parliament, Dr. Cassiel Ato Baah Forson, on the matter involving the procurement of faulty ambulances for the state.

The order for Dr. Ato Forson to open his defence by the court in the ongoing ambulance purchase trial has been set aside by the Court of Appeal meaning the MP’s submission of no case has been upheld.

This decision overturned the previous order from the trial court, which required Dr. Ato Forson to present his defense.

The Court of Appeal’s ruling sets aside the trial court’s directive, delivered by Justice Afia Serwaa Asare Botwe, which had dismissed Ato Forson’s submission of no case.

Dr. Ato Forson had argued that there was no case for him to answer, but this submission was initially rejected by the trial judge.

The Court of Appeal’s decision now upholds Dr Ato Forson’s submission.

As a result, Dr. Ato Forson is no longer required to open his defense in the ongoing trial, marking a significant development in the case.

Background

Dr. Ato Forson, the Member of Parliament for Ajumako Enyan Essiam in the Central Region, is a former deputy Minister of Finance and the current Minority Leader in Parliament. He was being tried with another person for allegedly causing a €2.37 million financial loss to the state over an ambulance deal.

While serving as a deputy Finance Minister, the government decided to go into an ambulance deal with Big Sea, to procure ambulances for the health sector. It is based on that deal that he is currently facing trial.

He and Richard Jakpa, who is a representative for Big Sea have been accused of causing a financial loss of €2.37 million to the state in a deal to purchase 200 ambulances for the country between 2014 and 2016.

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

Per the Attorney-General’s facts accompanying the charge sheet, in 2009 while delivering the State of the Nation Address, the then President, Prof. John Evans Atta Mills, indicated that new ambulances would be purchased to expand the operations of the National Ambulance Service.

Richard Jakpa, who is a local representative of Big Sea General Trading Limited, a company based in Dubai, subsequently approached the Ministry of Health with a proposal that he had arranged for finance from Stanbic Bank for the supply of 200 ambulances to the government.

Parliament approved the financing agreement between the government and Stanbic Bank.

According to the facts, on November 19, 2012, a former Director of the Ministry of Health wrote to the Public Procurement Authority (PPA) seeking approval to engage Big Sea through single sourcing for the supply of the 200 ambulances.

They added that on August 7, 2014, Dr Cassiel Ato Forson, as deputy Minister of Finance wrote to the Bank of Ghana for letters of credit covering €3.95 million for the supply of 50 ambulances in favour of Big Sea.

The letters of credit were accordingly released to Big Sea. The facts said 30 ambulances were purchased at a sum of €2.37 million but all were found not to have met ambulance specifications and therefore “not fit for purpose.”

In a ruling delivered by the Appeals Court Tuesday, July 30, 2024, the Appeals Court held in a 2:1 majority decision that there is no case against the Minority Leader.

This means that both Dr. Ato Forson and Richard Jakpa have both been acquitted and discharged.

Source:onuaonline.com