Case against Ato Forson, two others adjourned to March 30

An Accra High Court will on March 30, 2023 rule on whether a prima facie case has been established against former Deputy Finance Minister, Cassiel Ato Forson and two others who are facing charges over the importation of 200 ambulances in 2012.

This comes as the Attorney-General concluded its case after calling five witnesses including the Minister of Health, Kweku Agyeman-Manu.

Rickson Gyimah, the AG’s last witness in the case and a former investigator with the Economic and Organised Crime Office (EOCO) told the court on Tuesday that although Former Finance Minister, Seth Terkper, never denied knowledge of the establishment of the letters of credit, he, however, did not admit authorizing Dr. Forson to establish letters of credit for the purchase of the ambulances. 

Again, in his witness statements last week, he told the court investigations had revealed that the first accused, Dr. Ato Forson acted without authorization when he instructed the Bank of Ghana to establish letters of credit which led to payments made to Dubai-firm, Big Sea.

Mr. Gyimah's testimony has been no different from Health Minister, Kweku Agyeman-Manu who when he testified in July 2022, said contrary to the terms of the contract, he(Ato Forson) instructed the Bank of Ghana to establish letters of credit which led to payments being made to Big Sea. 

According to them, the contract between Big Sea and the Ministry of Health stipulated that the vehicles had to be delivered and prior inspection made before payment was made.

Mr.Gyimah also told the court on Tuesday that the second accused, Dr Sylvester Anemana, made a false representation to the Public Procurement Authority in the ambulance contract. 

However, Dr. Forson’s lawyers have refuted his statements, insisting their client only acted on behalf of former Finance Minister Seth Terkper.

Having adjourned to March 30, to give its ruling, the court presided over by Justice Afia Serwah Asare-Botwe, has also ordered the parties to file their submissions of no case by March 16, 2023.  

Background

Former Deputy Finance Minister, Dr. Cassiel Ato Forson, and two others; Dr. Sylvester Anemana and businessman, Richard Jakpa have been charged by the state for causing financial loss, over the importation of 200 ambulances in a contract between the Ministry of Health and a Dubai-based company, Big Sea Limited in 2012.

They have been charged with five counts of willfully causing financial loss to the state, abetment to willfully cause financial loss to the state, contravention of the Public Procurement Act and intentionally misapplying public property, and have all pleaded not guilty to the charges.

In January 2022, Dr. Forson was granted a self-recognisance bail of GH¢3 million for allegedly willfully causing a financial loss of 2,370,000 euros to the State. 

He is also facing an additional charge of “intentionally misapplying public property contrary to section 1 (2) of the Public Property Protection Act, 1977 (SMCD 140).” 

Dr. Sylvester Anemana, a Former Chief Director at the Ministry of Health, was also granted bail of GH¢1 million with three sureties one of whom shall be a public servant not below the rank of a director. 

Mr. Richard Dzakpa, a businessman, also in the trial, was granted a GH¢5 million bail with three sureties one of whom must be justified with documents of landed property.