The Presiding Judge in the ongoing Ambulance trial, Justice Afia Serwah Asare-Botwe has advised Attorney-General and Minister of Justice, Godfred Yeboah Dame to recuse himself from the ongoing trial involving Honorable Dr Cassiel Ato Forson and Richard Jakpa.
The directive comes amid serious allegations of professional and prosecutorial misconduct against the Attorney-General and Minister of Justice of the country.
Justice Afia Serwah Asare-Botwe, presiding over the case, stated that while the court lacks jurisdiction to order an inquiry and declare a mistrial based on the alleged misconduct, it has sufficient grounds to require the Attorney-General’s recusal.
This decision marks the first instance in Ghanaian history where an Attorney-General has been ordered to step aside from a trial.
Justice Afia Serwah Asare-Botwe commenting on the issue of an inquiry into the allegations of calls from the Attorney-General to Mr Jakpa at odd hours determined that the request has no legal backing.
She emphasized that despite the seriousness of the claims made against the Attorney-General the court does not have the legal basis to conduct an inquiry into the Attorney-General’s actions or declare a mistrial on those grounds.
Instead, she advised the Minority Leader and former Deputy Minister of Finance under the erstwhile Mahama’s administration, who is the first accused in the ongoing trial, Dr Ato Forson to seek redress through the General Legal Council if he wished to pursue the matter further.
However, in a very significant development, the court admitted into evidence the telephone recording between Mr Jakpa, the Businessman and the third accused in the ongoing ambulance trial and the Attorney-General, despite objections from Mr Dame who argued that the recording was inadmissible.
This recording is expected to play a crucial role in the proceedings as it purportedly contains details that could substantiate the allegations of misconduct.
Dismissal of Order for Mistrial
On the other hand, the presiding judge dismissed an application for a mistrial filed by Dr. Cassiel Ato Forson, the Minority Leader, who is the first and principal accused in the ongoing Ambulance trial.
Justice Asare-Botwe ruled that the application lacked merit, stating that Dr. Forson failed to provide sufficient legal provisions to justify a mistrial.
Moreover, the court found that the application did not adequately address the Attorney-General’s alleged actions to warrant a mistrial.
This follows numerous applications filed by the first accused, Dr Ato Forson and the third accused, Richard Jakpa, requesting a mistrial upon allegations of professional and prosecutorial misconduct against the Attorney-General.
The applications include an order of inquiry into the conduct of the Attorney-General following the allegations made by Richard Jakpa to the effect that the A-G had been calling him at odd hours.
The applications also include an order of mistrial to terminate the case; a stay of proceedings until the application is determined; and a motion asking the court to strike out charges against the businessman.
The Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson filed three of the motions while the last one was filed by the businessman and the third accused, Richard Jakpa.
In his affidavit filed on Friday, May 31, Dr Ato Forson highlighted concerns regarding the leaked tape, which he believes demonstrates professional misconduct on the part of the Attorney-General and Minister of Justice, Godfred Yeboah Dame.
The recordings were submitted and annexed to the filed application to the court.
However, in a subsequent motion, the Attorney-General’s office insisted that those application form part of attempts by the accused persons to evade justice.
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