The High Court in Accra has fixed March 30, 2023, to rule on whether or not a prima facie case has been established against former Deputy Minister of Finance, Dr. Cassiel Ato Forson and two others who are facing charges.

This was after the State led by the Attorney General, Godfred Yeboah Dame closed its case after calling four witnesses including the Minister for Health Kweku Agyeman-Manu.

Rockson Gyomah, the Investigator who was the fourth Prosecution Witness in the matter was subjected to further Cross-Examination by the defence lawyers and was discharged.

Dr. Ato Forson, currently the Minority Leader in Parliament, Sylvester Anemana, a former Chief Director at the Ministry of Health, and a 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 Financial and Economic Court ‘2’ of the Accra High Court presided over by Justice Afia Serwah Asare-Botwe after the conclusion of the prosecution’s case ordered the parties to file their submissions of no case by March 16 and adjourned to March 30, 2023, for ruling.

In court on Tuesday, February 14, the case investigator, Rockson Gyimah told the court that former Minister of Finance, Seth Terkper, has not admitted authorizing Dr. Forson to compose the letter which led the Controller and Accountant General to write to the Bank of Ghana requesting the establishment of a Letters of Credit (LC) for the purchase of the defective ambulances.

He said, although Seth Terkper never denied knowledge of the establishment of the Letter of Credit, he never admitted authorizing the former Deputy Minister to compose the letter that led to its establishment.

The trial of the former Deputy Finance Minister and the two others started 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 Public Procurement Act and intensionally misapplying public property.

Dr. Forson was granted a GHc3 million self-reconnaissance bail, while Anemana was granted a bail of GHc1 million with three surgeries one whom must be a public servant not below the rank of a Director.

Businessman, Richard Jakpa on the other hand was granted a bail of GHc5 million bail with three sureties one of whom must be justified with documents of a landed property.

The prosecution led by the Attorney General, Godfred Yeboah Dame and Director of Public Prosecutions, Yvonne Atakora-Obuobisa, called five witness, including the Minister of Health, Kwaku Agyemang-Manu to prove its case.

Letters of Credit

Earlier, Kweku Agyeman-Manu in his cross-examination by Dr. Aziz Bamba, counsel for Ato Forson told the court that the Letters of Credit (LCs) which was established and led to monies being paid to Big Sea General Trading Limited, a Dubai-based company that shipped the ambulances should not have been established.

Asked by Dr Aziz Bamba, counsel for Ato Forson if “the government of Ghana established the LC as in the manner required by clause 4.2.1.?

“In my mind, I will say no. But my Lady, let me draw your attention to another fact. In that same bullet point, LCs on the sight of goods shall be established upon the signing of the contract for every 50 ambulances. My Lady, Exhibit V that I have, speaks about purchasing brand new 200 medical ambulances. And so my Lady, the contract for every 50 ambulances that clause 4.2 talks about, was never done. And therefore, the LCs should not have been established at all,” Agyeman-Manu answered.

“Will you agree with me that by the government of Ghana not complying with clause 4.2.1 in terms of the time frame for setting up the LC, the government of Ghana breached Exhibit V,” counsel further queried and the Health Minister said “I will like to agree with you.”

The Minster insisted that Dr. Ato Forson requested for the establishment of Letters of Credit contrary to the terms of the contract.

“A1 (Dr. Forson) never authorized the setting up o the LC”, the lawyers queried. “There is evidence before the court showing he requested,” the Health Minister insisted.

“And after the LC was established, you have not sighted any document that indicated that A1 Dr. Forson authorized payment to be made under the LC,” Dr. Bamba further asked.

“I have not sighted any document,” the Minister stated.