Richard Jakpa
A High Court in Accra has issued a warrant for the arrest of Richard Jakpa, the businessman who facilitated the purchase of what the Attorney General’s Office refers to as ‘defective ambulances’ for the Ministry of Health.
Mr. Jakpa is standing trial alongside Minority Leader Dr. Cassiel Ato Forson for allegedly causing €2.37 million financial loss to the state, through a contract to purchase 200 ambulances for the Health Ministry.
He opened his defence on March 19, 2024, and was expected to continue yesterday after which he would be cross-examined by counsel for Dr. Forson and then the prosecution.
He was, however, absent when the case was called, and the court presided over by Justice Afia Serwah Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court judge, indicated that the accused had sent a document purporting to be an excuse duty from the hospital to the clerk of the court via WhatsApp.
The document had indicated that Mr. Jakpa was on admission at the hospital, but the trial judge said the document which was supposed to be a medical certificate does not qualify as one.
She noted that the medical certificate did not also display what condition the accused was on admission and was being treated for.
Justice Asare-Botwe also noted that the accused fired his lawyer on March 18 and was yet to hire a new one, hence there was no counsel whom she could have relayed any information through to the accused.
She, therefore, decided to “err on the side of caution” by issuing a warrant for the arrest of Mr. Jakpa while adjourning the case to March 26, 2024.
Trial
Dr. Ato Forson and Jakpa are standing trial for willfully causing financial loss of €2.37 million to the state, through a contract to purchase 200 ambulances for the Ministry of Health, among other charges.
The ambulances, according to court documents, are ordinary buses which are not fit for purpose as they do not have the needed equipment that an ambulance requires.
The court has set May 3, 2024 to deliver its judgement in the trial after the Attorney General entered Nolle Prosequi to drop the charges against Dr. Sylvester Anemana, a former Chief Director at the Ministry of Health due to his poor health.
The prosecution, led by the Attorney General and Minister for Justice, Godfred Yeboah Dame and Director of Public Prosecutions, Yvonne Atakora-Obuobisa, closed its case on February 14, 2023 after calling five witnesses, including the then Minister of Health, Kwaku Agyeman-Manu to prove its case.
The main issue raised during the prosecution’s case was whether the defective vehicles were purchased in accordance with the purchase agreement approved by Parliament.
The other was whether Dr. Forson was authorised by the substantive Finance Minister or any superior officer to write a letter to the Controller and Accountant General directing the establishment of irrevocable letters of credit (LCs) which led to the payments.
Dr. Forson opened his defence and called three witnesses – Henry Myles Mills, an official of Stanbic Bank, Alex Mould and Seth Terkper, former Minister of Finance.
Mr. Terkper, who appears to be Dr. Forson’s principal witness, told the court that he authorised Dr. Forson to write to the Bank of Ghana authorising the establishment of the letters of credit (LC).
“The letter to the Bank of Ghana requesting the setting up of the LC emanated from the Ministry of Finance and had my full authorisation,” he told the court.
But while under cross-examination by Attorney General Godfred Yeboah Dame, Mr. Terkper admitted that payment for the defective ambulances for which his then deputy is standing trial, was made in error.
Apart from this admission, Mr. Terkper was not able to point to any document specifically authored by him authorising Dr. Forson to write to the Controller and Accountant General’s Department (CAGD) requesting the establishment of the letters of credit which was the means of payment for the ambulances.
BY Gibril Abdul Razak