The Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has declined a request to remove the judge presiding over the case in which Minority Leader and former Deputy Minister of Finance, Cassiel Ato Forson, and two others have been accused of allegedly causing €2.37 million financial loss to the state in an ambulance deal.
The request was contained in a petition filed by Richard Jakpa, a private businessman standing trial with the Minority Leader.
The petition, sought to remove the trial Judge, Justice Afia Serwah Asare-Botwe, from presiding over the case for alleged bias on her part as a result of an incident which occurred during one of the court’s sittings.
The alleged bias was because the trial judge on June 20, this year, issued a stern warning to him that it was the last time she would tolerate any disrespect from him and let him go home.
When the case came up for hearing yesterday, Justice Asare-Botwe notified the parties in the case that the petition seeking the transfer of the case had been dealt with by the Chief Justice, and had been declined.
Motion
Meanwhile, lawyers for the Minority Leader and National Democratic Congress Member of Parliament for Ajumako Enyan Esiam in the Central Region have also filed two motions; one, the presiding judge should recuse herself and the other, the court should release his travel passport to him.
In addition to that, they have also asked the judge not to hear the matter since it was against her.
Justice Asare-Botwe further adjourned the case to October 12, 2023, to decide whether or not she is clothed with the power to hear the motion.
That was after the Attorney-General (A-G) and Minister of Justice, Godfred Yeboah Dame, brought down the curtain on the cross-examination of Alex Mould, a former Chief Executive Officer of Ghana National Petroleum Corporation, and a defence witness of Dr Forson.
The other accused person in the case is Sylvester Anemana, a former Chief Director of the Ministry of Health.
The three have pleaded not guilty to counts of wilfully causing financial loss to the state, abetment to wilfully cause financial loss to the state, contravention of the Public Procurement Act and intentionally misapplying public property.
Per the A-G’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.
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, Dr Anemana wrote to the Public Procurement Authority (PPA) seeking approval to engage Big Sea through single sourcing for the supply of the 200 ambulances.
On August 7, 2014, Dr Forson 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 “not fit for purpose”.
SOURCE: GraphicOnline
