The Office of the Attorney-General and Ministry of Justice has announced its intention to file an appeal to overturn the recent Court of Appeal ruling in the case involving Cassiel Ato Forson and two others.
This decision comes in response to the Court’s split 2-1 ruling on July 30, 2024, which allowed an appeal against the High Court’s dismissal of a no-case submission by the accused.
In a press release, the Attorney-General’s Office criticized the Court of Appeal’s decision as “perverse,” arguing that it undermines public accountability and the rule of law.
The Office emphasized that the prosecution had presented compelling evidence to substantiate all charges against the accused individuals.
The case centres on the importation of vehicles purporting to be ambulances in December 2014.
Key points highlighted in the press release include:
Contract Violation: The vehicles imported did not adhere to the contractual terms governing the transaction.
Ministerial Caution Ignored: Then Health Minister Sherry Ayittey had formally cautioned against importing the vehicles. Despite this, no request was made by the Ministry of Health for the vehicles’ importation or for the establishment of letters of credit.
Unauthorized Actions: Cassiel Ato Forson, without authorization from the Ministry of Health or any relevant authority, instructed the issuance of letters of credit for the vehicles’ payment in August 2014, after the contract period had lapsed.
Contract Breach by Supplier: The letters of credit led to the establishment of payment to Big Sea General Trading LLC, based in Dubai, which shipped the vehicles without parliamentary approval.
Defective Vehicles: Upon arrival, the vehicles were found to be non-compliant with contract specifications. They lacked essential ambulance equipment and were deemed severely defective by the National Ambulance Service and Ministry of Health.
Expert Assessments: A 2015 report by Mercedes Benz dealers, commissioned by the Ministry of Health, confirmed the vehicles could never be converted into ambulances, describing them as “ordinary vans” unfit for purpose.
The Attorney-General’s Office has condemned the Court of Appeal’s decision as grossly unfair to the nation and detrimental to the fight against corruption and abuse of public office. The Office is committed to pursuing an appeal to reverse what it views as an erroneous decision by the Court of Appeal.
