The allegations of professional and ethical misconduct by Richard Jakpa, the third accused person in the Ambulance trial against the Attorney-General and the recent release of a tape by the National Democratic Congress (NDC) have sparked widespread concerns and debates over the conduct and the integrity of the Attorney-General and Minister of Justice, Godfred Yeboah Dame.
The revelations in the tape have led to calls by several well-meaning Ghanaians for the Attorney-General’s resignation or removal.
The alleged misconduct of the Attorney-General, Godfred Yeboah Dame, detailed in the tape in the view of many critics not only questions the ethical standards of the office he occupies but also raises critical questions about the administration of justice in the country.
In the wake of the public debates on the matter, prominent voices in the legal fraternity have emphasized the necessity for a formal investigation to ascertain the facts and ensure justice.
Among these voices is Samson Lardy Anyenini, a respected private legal practitioner, who has long advocated for a formal process to interrogate and resolve the issues at hand.
Mr Anyenini, in his commentary on the controversial matter, argued that leaving the matter to the political machinations of the National Democratic Congress and the New Patriotic Party could undermine the pursuit of justice in the controversial matter.
” I would prefer for a formal or institutionalized process or a panel that will go through this matter and answer those questions. The panel should answer the rule that said a prosecutor shall not coach or encourage a witness which is false. Did they see anything like this happening in the tape?
“The rules also say a lawyer shall not suggest or advise a witness, did they find it happening in the tape? As I have said over time, to get to a fruitful end in this matter, there ought to be a formal process that formally interrogates this thing and brings us the result, so that it is not left to the NDC and NPP to be as it was, be exchanging words”.
Samson Lardy Anyenini, Private Legal Practitioner
He recounted that even though the information on the tape has clarified certain previously denied or partially denied allegations by the Office of the Attorney-General, a formal inquiry is essential for a comprehensive resolution of the matter.
Such a process, according to Mr Anyenini, would serve the interests of all parties involved, including the Office of the Attorney-General and the broader criminal justice system in the country.
A-G’s Refusal to Accept Plea Bargaining
The renowned legal practitioner also raised a crucial point regarding a plea offer made by one of the accused in the trial, thereby questioning the rationale behind the Attorney-General’s rejection of a €2 million plea bargain offer in a case involving a sum of almost €2.4 million.
“What would be the basis to reject that plea offer? I think the Attorney-General owes us an explanation as to why it refused to accept the plea bargain offer because it is the money that you and I are interested in”.
Samson Lardy Anyenini, Private Legal Practitioner
Mr Anyenini further emphasized that while criminal prosecution may lead to jail terms and deterrence, the plea process exists for good reason and merits consideration, particularly in cases involving significant financial recovery.
Echoing Mr Anyenini’s call for a formal probe, Professor Kwadwo Appiagyei-Atua, an Associate Professor at the School of Law, University of Ghana, Legon, also underscored the need for a thorough investigation in to the matter.
He pointed out that the tape released by the NDC, while clarifying some issues, raises further questions that only a formal inquiry can address adequately.
“The tape that was played by the NDC makes some of the issues that were hanging now a bit clearer but still raises more questions than the answers that we are seeking.
“I mean Samson is right to say we need to conduct a formal probe into the matter to get to the bottom of it because what we have is still not very clear, as you can see the ball has been thrown to the two political parties, the NPP and NDC in different directions to score a political point, hence there is a need for a formal probe”.
Professor Kwadwo Appiagyei-Atua, Associate Professor at the School of Law, University of Ghana, Legon
He concurred with Mr Anyenini’s view that the current situation, with political parties using the issue to score points, necessitates an impartial and formal probe.
Professor Appiagyei-Atua also expressed concern about the Attorney-General’s actions as depicted in the tape, which suggests attempts to influence testimony and potentially obstruct justice.
He asserted that the Office of the Attorney-General in his view has been tarnished, emphasizing that from the tape it was clear that the Attorney-General was trying to influence the third accused person in the Ambulance trial, Mr Jakpa, to coerce him or find a way to alter Mr Jakpa’s evidence to allow him [the AG] to nail the first accused [Dr Ato Forson].
He further pointed out that Mr Dame’s alleged dubious advice to Mr Jakpa to avoid court appearances is very damaging to the credibility of the Office of the Attorney-General.
In conclusion, the statements from Samson Lardy Anyenini and Professor Kwadwo Appiagyei-Atua underline the urgent need for a formal probe to investigate these allegations thoroughly.
Such an inquiry as earlier intimated by the two is crucial not only for resolving this particular case but also for upholding the integrity of the Office of the Attorney-General and ensuring the proper administration of justice in Ghana.
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