Henry Nana Boakye, National Organizer of the NPP, has stated that the court lacks the authority to investigate the Attorney-General’s conduct, emphasizing that criminal jurisdiction cannot be inferred or assumed, but rather must be explicitly established by law.
He emphasized that criminal jurisdiction cannot be implied or inferred, but rather must be explicitly conferred by law, and since there is no such law, the court lacks the authority to investigate the Attorney-General’s conduct.
He pointed out that when Ato Forson requested a mistrial, the court clarified that mistrials are only applicable in jury trials, not summary trials, and therefore dismissed the request.
Furthermore, he observed that Ato Forson failed to cite any legal authority or precedent, either in Ghana or elsewhere, to support his request for a mistrial in a summary trial, which is a crucial omission given the distinct legal framework governing summary trials.
Nana Boakye highlighted that, in contrast, the Respondent correctly cited a relevant Ghanaian court case, as acknowledged by the judge, to support his argument, demonstrating a solid legal foundation
As such, he concluded that none of the legal grounds for declaring a mistrial are present in the Ato Forson Ambulance case, and thus, a mistrial is not warranted.
“In a trial that has gone on for over 3 years, in which the Republic has closed its case, A1 closed his case and A3 started testimony, how can the alleged interference by the Attorney-General with A3, which is alleged to have occurred only a few weeks ago when either A3 has started testifying, lead to a mistrial? Application for mistrial is therefore dismissed”.
Henry Nana Boakye
Moreover, Nana Boakye noted that the court exercises restraint when considering requests to restrain constitutional bodies, like the Attorney-General, from carrying out their statutory duties, and is hesitant to grant injunctions that may impede their functional autonomy.
“The applicant has NOT demonstrated any serious basis for such an order, it is thus dismissed”. – Henry Nana Boakye
Court Admits Secret Recording As Evidence
Furthermore, Henry Nana Boakye observed that the court has ruled the secret recording of the Attorney General as admissible evidence in this criminal case, and it has been officially entered into evidence, despite its controversial nature.
However, he recognized that although the secret recording may be accepted as evidence, the significance or reliability to be attributed to it is a distinct and separate issue for the court to consider.
“The court finds that the words regarding whether the Attorney-General asked A3 to help him to make a case against A1, did not come out of the mouth of the Attorney-General”. – Henry Nana Boakye
Moreover, the NPP patriot emphasized that, in light of the new developments, the pivotal consideration now is whether the integrity of the trial has been compromised or unfairly influenced, thereby jeopardizing the principles of a fair trial
He stated that the judge has ruled that there is no evidence to suggest that the conversation between the parties, as revealed in the secret recording, poses a reasonable risk of prejudicing a fair trial.
As such, Nana Boakye declared that the court has thoroughly reviewed the submissions and has consequently dismissed all the applications filed by Ato Forson and Richard Japka.
Nana Boakye vehemently denied the NDC’s allegation, stating that it is a gross distortion of facts to claim that the judge in the ambulance trial instructed Attorney General Godfred Dame to recuse himself from the case due to professional and prosecutorial misconduct, emphasizing that no such directive was given in court.
“Obviously, disappointed by the ruling, The NDC is only seeking to mislead and deceive the public once again. The learned judge only advised the AG that in view of all that had happened she would advise him not to personally conduct the matter but rather allow the other attorneys of the Office of the Attorney-General to continue with the trial. The judge actually clarified after the ruling that she never ordered the Attorney-General not to continue handling the matter”.
Henry Nana Boakye
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