Sammy Gyamfi, the National Communication Officer of the National Democratic Congress (NDC), has issued a comprehensive response to the allegations made by Attorney General Godfred Dame in his press release dated July 30, 2024.
The Attorney General’s statements followed the dismissal of a case against Hon. Ato Forson by the Court of Appeal. Gyamfi’s rebuttal addresses several key points raised by Dame, challenging the validity and legality of the claims made.
Sammy Gyamfi opened his statement by addressing what he termed as “ludicrous arguments” made by Godfred Dame. According to Gyamfi, even if the ambulances were imported in violation of the governing contract, it would constitute a civil matter to be resolved through arbitration as stipulated in the contract’s dispute resolution clause.
Sammy Gyamfi questioned how a breach of contract, if proven, could be construed as a crime, emphasizing that such a scenario would typically involve a civil dispute between the contracting parties.
“In any case, neither Ato Forson nor the Ministry of Finance was party to the said ambulance contract. The parties were Big Sea and Ministry of Health.”
Sammy Gyamfi, the National Communication Officer of the NDC
Sammy Gyamfi further clarified that Ato Forson’s role was limited to facilitating the establishment of Letters of Credit (LCs) for the ambulances, acting under the directive of his superior, then-Finance Minister Seth Terkper. Terkper has testified under oath in court, affirming that he authorized Forson to proceed with the LCs.
Critique of Godfred Dame’s Argument
Sammy Gyamfi criticized the AG’s reliance on a letter from former Health Minister Sherry Ayittey, which warned against the importation of the ambulances due to financial constraints rather than legal reasons.
Moreover, Sammy Gyamfi explained that Big Sea had threatened legal action against the government if it reneged on the contract. This prompted the Attorney General at the time to issue a legal opinion dismissing Ayittey’s concerns and directing the Ministry of Finance to fulfill the contract to avoid a potential judgment debt.
Dame’s insistence on Ayittey’s letter as a crucial point of reference was dismissed by Gyamfi as irrelevant.
“The Ministry of Finance had a duty to establish the LCs under the agreement. The AG directed them to perform the contract to avert a judgment debt.
“Consequently, the Ministry of Finance did not need any request or authorization from the Ministry of Health before it proceeded to perform its obligations under the contract as directed by the AG.”
Sammy Gyamfi, the National Communication Officer of the NDC
Sammy Gyamfi expressed astonishment at Dame’s suggestion that Forson’s authorization should be documented in writing by Terkper, branding it as “infantile nonsense.” He questioned whether a minister needed to delegate tasks to their deputy in written form, underscoring the impracticality of such a requirement.
Defense of Parliamentary Procedures
Addressing concerns about the lack of parliamentary approval for the commercial contract, Sammy Gyamfi noted that the financial agreement for the Stanbic facility initially intended to fund the ambulances, was duly approved by Parliament under Article 181 of the Constitution.
Sammy Gyamfi explained that prior to the Supreme Court’s decisions in the Waterville and Isofoton cases, it was common practice for Parliament to approve financial agreements without the accompanying commercial contracts.
“In any case, how does the lack of parliamentary approval for a commercial contract between the Ministry of Health and Big Sea, constitute a crime on the part of Ato Forson who at all material times, was the Deputy Minister of Finance. Under what law does this constitute a crime? Arrant nonsense!”
Sammy Gyamfi, the National Communication Officer of the NDC
Sammy Gyamfi further outlined the process for the delivery and installation of the ambulances and medical equipment, highlighting that the vehicles were not ready for use as ambulances until completed and handed over.
Sammy Gyamfi also mentions the negotiation and resolution of defects by the Ministry of Health and Big Sea, and the subsequent shipment of medical equipment by Big Sea, which remains uninstalled due to the NPP government’s failure to facilitate the installation.
Gyamfi concluded by criticizing the Attorney General’s attempt to blame Ato Forson for financial losses resulting from the government’s handling of the ambulance contract. He questions the logic behind claiming that defects deemed irreparable would still warrant a remediation agreement with Big Sea and highlights the inconsistencies and inaccuracies in the Attorney General’s narrative.
