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Court of Appeal sets timelines for Ato Forson, Jakpa & AG over submission of no case

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A three-member panel of the Court of Appeal has set timelines to hear a request from Dr. Cassiel Ato Forson and Richard Jakpa, challenging the High Court’s order for them to open their defense in the ongoing ambulance case.

Lawyers of the accused persons are dissatisfied with the March 30, 2023 order of the High Court presided over by Justice Afia Serwah Asare-Botwe to open their defence to the charges.

Justice Asare-Botwe, a Justice of the Court of Appeal sitting as an additional High Court upon the conclusion of the Prosecution’s case held that a prima facie evidence has been established against them for which reason they are to open their Defence.

Dr Ato Forson, the current minority leader in parliament, and businessman Richard Jakpa have been accused of willfully causing financial loss to the republic to the tune of 2.37 million euros through the purchase of ambulances.

They have pleaded not guilty and are standing trial.

Though the accused persons have started mounting their defense with Richard Jakpa, the third accused currently in the Witness box, the parties appeared at the Court of Appeal.

On Wednesday, June 19, 2024, the Court of Appeal panel of three presided over by Justice Poku Acheampong directed the Applicants (Dr. Ato Forson and Richard Jakpa) to file their written submissions within 7 days from June 19 and have the same served of the Attorney General’s Office.

The court further directed that the Attorney General also file his responding submissions within seven days after being served with the Applicant’s submissions.

The panel which also includes, Justice Kweku Tawiah Ackaah-Boafo and Justice Philip Bright Mensah, has subsequently fixed July 30, 2024, to deliver its decision.

Dr Ato Forson, the first accused was represented by his lawyers -Dr Abdul Bassit Aziz Bamba and Godwin Edudzi Tamekloe while Thaddeus Sory and Baffour Gyau Bonsu Ashia represented Richard Jakpa.

Joshua Sackey, a Senior State Attorney represented the Attorney General.

So far, the trial is ongoing with both the prosecution and Dr. Cassiel Ato Forson both closing their cases while businessman, Richard Jakpa is under cross-examination by the Prosecution.

The trial has taken a dramatic twist following, Richard Jakpa, third accused’s allegations against the Attorney General of meeting him at odd hours to get Dr Ato Forson implicated.

High Court ruling

On March 30, 2023, the High Court in  Accra ordered the former Deputy Minister of Finance, Dr. Casiel Ato Forson, and two others who are standing trial for allegedly causing financial loss to the state in an ambulance deal to answer to charges.

This was after the court held that prima facie evidence had been established against them by the Prosecution.

Ruling on a submission of no case to answer on March 30, 2022, after the prosecution had called four witnesses to close its case on February 14, Justice Afia Serwah Asare-Botwe said a prima facie case has been established against the accused persons.

Justice Asare-Botwe ruled that it was not in doubt that 50 ambulances were procured, and again all parties agreed that the vehicles were unfit for purpose and an amount of €2.37 million had been expended.

The court said though a submission was not to examine the evidence of the prosecution in totality, the court has found as a fact that a prima facie case has been established against Ato Forson and businessman Richard Dzakpa for willfully causing financial loss and intentionally misapplying public property.

The Justice of the Court of Appeal, who is presiding over the case as an additional High Court judge also ruled that, there was a case for Sylvester Anemana, a former Chief Director of the Minister of Health who is the second accused.

The court also said it is satisfied that the prosecution has demonstrated a prima facie on the contraventions of the Public Procurement Act against Mr Anemana.

The court after examining the elements of prima facie and the position of the law, said on the face of the records, the standard of proof for explanation is not as high on the accused as was on the prosecution to prove beyond reasonable doubt.

“I hold that once there was the need to show that there are ambulances that are not fit for purpose and not for value for money,” the accused persons are to respond to charges, the court held.

NB: Mr. Anemana has since been discharged after AG filed a nolle prosequi.

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Politics

Bawumia- “Mahama’s Economic Record Bad”

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The presidential candidate of the New Patriotic Party (NPP), Vice President Dr. Mahamudu Bawumia, has openly criticised former President John Dramani Mahama’s economic management, describing it as the worst among Ghana’s Fourth Republic leaders.

According to him, during Mr. Mahama’s tenure, the economy experienced substantial setbacks across multiple sectors, marked by soaring inflation, sluggish growth, and increasing unemployment.

Speaking at the Ghana CEO Presidential Gala in Accra last Thursday, Dr. Bawumia asserted that his criticism was based on hard economic data rather than partisan views.

He contrasted this with what he described as Ghana’s improved economic trajectory under NPP leadership, asserting that Mr. Mahama’s tenure represented a “decisive failure in economic stewardship.”

Dr. Bawumia stressed that his analysis was intended to highlight the need for sound economic management and that his remarks were meant to shed light on measurable outcomes of Mr. Mahama’s policies, which he said weakened the country’s economic resilience.

The NPP presidential candidate expressed his commitment to building on the progress achieved under the Akufo-Addo administration.

He underscored the importance of data-driven policies and positioned himself as the candidate most capable of navigating Ghana through future economic challenges.

“Despite the impact of global economic challenges, it might surprise some, including the former president himself, that his administration ranks the lowest in economic performance among all Fourth Republic leaders,” Dr. Bawumia reiterated.

He continued, “Yet, he speaks about our economic performance as though his was superior.”

Business Development

Dr. Bawumia also used the opportunity to reaffirm his commitment to strengthening business development in the country, stressing that resilient businesses are foundational to a thriving economy.

He praised the role of the private sector in creating jobs, driving innovation, and fostering sustainable growth.

The NPP flagbearer detailed policies introduced by the current administration to support Ghanaian businesses, including initiatives aimed at enhancing entrepreneurship, expanding access to credit, and advancing digitalisation.

According to Dr. Bawumia, these steps are critical to building a competitive, innovative, and resilient business sector.

He promised that, if elected, he would continue to prioritise business growth in order to ensure the Ghanaian economy remains vibrant and competitive on a global scale.

“Ladies and gentlemen, as you may know, Bawumia means business! From banking to vice presidency, my commitment to business development has been unwavering.

“Strong businesses lead to a strong economy—show me a prosperous nation, and I’ll show you resilient businesses behind it,” he concluded.

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NPP, NDC have mismanaged Ghana – GUM

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The Ghana Union Movement (GUM) has criticised the New Patriotic Party (NPP), and the National Democratic Congress (NDC) for “mismanaging the country” and supervising the sale of state-owned businesses bequeathed by previous governments.

The Party said the sale of state-owned factories to private individuals and failure to revive defunct state enterprises largely accounted for the growing youth employment situation that had bedeviled the country.

These were contained in a news release issued by the Party’s founder and leader, Reverend Christian Kwabena Andrews, and shared with the Ghana News Agency.

The GUM urged the youth to “be concerned about their future” and vote to break the duopoly enjoyed by the NPP and NDC for decades.

“Embracing both NDC and NPP as a party is just endorsement of the continuity of the Ghanaian predicament. Ghanaian youth must rise to vote massively against these parties, because they were the source of our problems today,” it said.

The GUM said the slow pace of development since the commencement of the Fourth Republic in 1992 justified the call for the “total overhaul” of the 1992 Constitution “considering the mess caused by both NDC and NPP government respectively.”

The Party proposed the adoption of what it termed as “Hybrid African Democracy” which it said was suitable governance model for the country.

“The current model was copied line, hook, and sinker from the West, where they have established and structured institutions to make their democracy work,” it said.

The GUM also called for downsizing of Parliament to reduce the cost of running the business of the House.

The Party said that salaries and benefits awarded to 275 Members of Parliament as well as Article 75 Office Holders “drain the national purse than building it.”

“We urge the public to vote for the Ghana Union Movement for a reliable, better Ghana with the Ghanaian youth as its core,” the Party said.

The GUM caused a stir when it placed third in the 2020 presidential election, beating the traditional Convention People’s Party, People’s National Convention, and the Progressive People’s Party.

The party garnered 105,548 votes, representing 0.805 per cent of the total ballots cast.

Rev. Andrews has indicated that the Party would build on its achievements in 2020 and affect the 2024 presidential and parliamentary elections.

The GUM has promised to establish factories in every region and operate a free port to boost economic activities and improve the living conditions of the people.

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Politics

Bagbin Addresses Media Today

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In a significant development, Ghana’s Parliament Speaker, Alban Sumana Kingsford Bagbin is set to address the media on Wednesday, November 6, 2024.

The press conference, scheduled for 2:00 pm at the Justice D.F. Annan Auditorium, Job 600, Parliament House, aims to tackle critical issues affecting Ghana’s parliamentary democracy.

Recent Developments

Alban Bagbin’s address comes amidst significant political developments in Ghana.

As Speaker, he has played a pivotal role in shaping the country’s legislative agenda.

His leadership has been marked by efforts to strengthen parliamentary oversight and promote transparency.

The engagement seeks to provide a platform for the media to discuss pressing concerns impacting Ghana’s democratic growth.

The Speaker, Alban Bagbin, is expected to shed light on recent events that have shaped the country’s political landscape.

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