The Office of the Attorney General has responded to the ruling by the Court of Appeal, granting a significant victory to Minority Leader, Honorable Cassiel Ato Forson, in the highly publicized ambulance procurement case.
The Office of the Attorney-General expressed strong disagreement with the Court of Appeal’s decision, deeming it to be contrary to the principles of public accountability and the rule of law.
Accordingly, the Office stated that the decision blatantly disregards the overwhelming evidence presented by the prosecution, which conclusively supports all charges brought against the accused individuals during the trial.
“On 30th July 2024, the Court of Appeal by a split 2-1 decision, allowed an appeal against the ruling of the High Court, Accra dated 30th March 2023, dismissing a submission of no case filed by the accused persons and ordering them to open their defense”.
“The relevant facts of the matter, as borne out by the undisputed evidence led so far, show that: Vehicles purporting to be ambulances were imported into the country in December 2014 in violation of the contract governing the transaction”.
Office of the Attorney General
Additionally, the Office of the Attorney General noted that the then Minister for Health, Ms. Sherry Aryittey, had explicitly warned in writing against importing the vehicles into the country.
The Office clarified that the Ministry of Health did not submit a request for the importation of the vehicles, nor did they request the establishment of letters of credit, which were the agreed-upon payment method for the vehicles under the contract.
The Attorney General’s Office argued that, despite the absence of a request from the Ministry of Health and any authorization, Cassiel Ato Forson, the first accused, improperly instructed the Bank of Ghana and the Controller and Accountant-General to issue letters of credit for the vehicle payments.
This, the Office of the Attorney General indicated, occurred via letters dated August 7th and 14th, 2014, even though the contractual deadline for supplying the ambulances had already expired.
Ambulance Deal Irregularities
According to the Office of the Attorney General, the letters of credit for the procurement were subsequently set up on August 18th, 2014, following the instructions given by the first accused.
According to the Office, Big Sea General Trading LLC, the supplier in Dubai, took action to deliver the vehicles after obtaining the letters of credit, even though the contract had not received the required parliamentary endorsement.
“When the vehicles arrived, they were not of the kind specified in the contract. Further, apart from the absence of basic parts and equipment required for an ambulance, the National Ambulance Service and the Ministry of Health noted serious defects with every material part of the vehicles”.
“Such was the fundamental nature of the defects that a former Minister for Health, Dr Alex Segbefia described the vehicles as ‘ordinary vans’ not fit for purpose. In point of fact, a report on the vehicles by the authorized dealers in Mercedes Benz, commissioned by the Ministry of Health in 2015 to assess the vehicles (tendered in evidence by the prosecution), stated that the vehicles could never be converted into ambulances”.
Office of the Attorney General
The Office of the Attorney General pointed out that as a result, the vehicles’ defects were so severe that they could not be converted into ambulances from the time they arrived in December 2014 until the John Mahama administration left office in January 2017.
The Office of the Attorney-General expressed strong disapproval of the Court of Appeal’s decision, deeming it a grave injustice to the nation and a significant setback in the fight against impunity and public office abuse.
In response, the Office announced its intention to promptly file an appeal, aiming to nullify the consequences of the Court of Appeal’s mistaken ruling and correct the injustice.
