Ambulance case: Cassiel Ato Forson closes his defence after calling three out of nine witnesses

The Minority Leader in Parliament, Cassiel Ato Forson, has today (16 November 2023) closed his defence in the case of “wilfully causing financial loss to the state” brought by the Republic against him and two others, Sylvester Anemana (a former chief director of the Ministry of Health) and Richard Jakpa (a businessman).

At the start of the case, Dr Forson informed the court that he would be calling nine witnesses in total, including Alex Segbefia, a minister of health in the erstwhile John Mahama administration, Dr Henry Akpenamawu Kofi Wampah, the former governor of the Bank of Ghana, and Seidu Kotomah, a former controller and accountant general.

However, when Justice Afia Serwaa Asare Botwe’s court constituted today (Thursday 16 November 2023), Godwin Edudzi Tameklo, lawyer for Cassiel Ato Forson, holding the brief of Dr Basit Bamba, told the court that his client will no longer call any further witnesses.

“The first accused wishes to inform the court that he is calling no further witness and that he is closing his case,” Tameklo told the court.

Witnesses called

Ato Forson called three witnesses in all to support his defence.

They were Henry Myles Mills, the head of dispute resolution and litigation at Stanbic Bank, Alex Mould, a former chief executive officer of Ghana National Petroleum Corporation (GNPC), and Seth Terkper, a former minister of finance in the erstwhile John Mahama administration.

Justice Afia Serwaa Asare Botwe, a justice of the Court of Appeal, sitting with additional responsibility as a high court judge, acknowledged the decision by the defence team of the Minority Leader and asked the second accused person, Sylvester Anemana (a former senior official in the Ministry of Health), to open his defence.

The second accused

Lawyers for the second accused person informed the court that their client would go into the box himself.

At this point, the court took a ten-minute break to allow the parties (state attorneys and the defence lawyers) to prepare for the new phase of the case.

Evidence-in-chief

When the court reconvened, Sylvester Anemana was led by his lawyer to tender his witness statement, which had already been filed.

Godwin Edudzi Tameklo, representing the Minority Leader, proceeded to ask Dr Anemana to confirm whether or not Cassiel Ato Forson was in office as deputy finance minister when he (Dr Anemana) wrote one of two important letters in relation to the purchase of the alleged defective ambulances.

The second accused person in his answer said, “No, Mr Ato Forson was not the deputy minister of finance at the time he wrote the first of the two letters which have been tendered as evidence before the court.”

Application for passport

Just before the lawyer for the third accused person commenced his cross-examination of the second accused, Justice Afia Serwaa Asare Botwe indicated in open court that she had seen an application by lawyers of the second accused praying the court to release Dr Anemana’s passport to him to allow him to apply for a visa to India to seek medical attention.

The court pointed out to the defence lawyer that his application is fundamentally flawed and does not meet the requirements to be met before the court can exercise its discretionary power to release the passport of the accused.

Alex Owiredu Danquah, lawyer for the second accused, after taking a cue from the bench, withdrew his application and Justice Asare Botwe’s court struck out the application as withdrawn.

Next sitting

The court subsequently adjourned sitting to Tuesday 21 November 2023 to allow the lawyer of the third accused person to continue cross-examination of the second accused, who has opened his defence.

Background/charges

The three men accused – Cassiel Ato Forson, Sylvester Anemana (a senior official at the Ministry of Health) and Richard Jakpa (a businessman) – have been charged on five counts in total.

These are:

• Wilfully causing financial loss to the Republic of Ghana, contrary to Section 179A (3)(a) of the Criminal Offences Act 1960 (Act 29);
• Abetment of crime, namely wilfully causing financial loss to the state, contrary to Sections 20 (1) and 179 A (3)(a) of the same Criminal Offences Act 1960;
• Contravention of the Public Procurement Act 2003 (Act 663), contrary to Section 92 (2)(b) of the said act, and intentionally misapplying public property, contrary to Section 1 (2) of the Public Property Protection Act 1977 (SMCD 140).

Facts of the case

In the year 2009, the then president of the Republic of Ghana announced, in his annual message on the State of the Nation delivered to Parliament, that new ambulances would be procured to expand the existing fleet to enable many districts to be covered by the National Ambulance Service (NAS).

Following this speech, the Ministry of Health (MoH) initiated action to acquire more of the vehicles. The third accused, using his company Jakpa at Business, presented a proposal and term loan to the Ministry of Health (MoH), which he claimed to have arranged through Stanbic Bank, to finance the supply of 200 ambulances to the government.

On 22 December 2011, cabinet endorsed an executive approval that had been granted for a joint memorandum submitted by the health minister and the deputy minister of finance and economic planning for the purchase of 200 ambulances for the NAS, out of a medium-term loan facility of €15.8 million, to be paid using a credit arrangement between Stanbic Bank Ghana Ltd and the Government of Ghana through the Ministry of Finance.

By a joint memorandum dated 30 April 2012, the then minister of finance, Dr Kwabena Duffuor, and minister of health, Alban S K Bagbin, applied for parliamentary approval for the supply of 200 ambulances at a price of €15.8 million, to be paid using the planned-for credit arrangement involving Stanbic Bank Ghana Ltd.

This memorandum to Parliament did not make reference to any role to be played in the transaction by either Big Sea General Trading Ltd (Big Sea), based in Dubai, United Arab Emirates, or the agents for Big Sea, Jakpa at Business Ltd. Nor did it refer to the terms under which the ambulances would be procured or terms under which the two companies would be involved in the transaction.

On 1 November 2012, Parliament granted approval for the financing agreement between the Government of Ghana and Cassiel Ato Forson, Sylvester Anemana and Richard Jakpa to procure the ambulances.

By a letter dated 19 November 2012, the second accused, who was then the chief director at the Ministry of Health, requested approval from the Public Procurement Authority (PPA) to engage Big Sea through a process of single-sourcing to supply the 200 ambulances.

The letter falsely stated that the reason for single-sourcing was that Big Sea had arranged funding for the project. By an agreement dated 19 December 2012, the Government of Ghana, represented by the Ministry of Health, then formally contracted Big Sea General Trading llc, based in Dubai, to supply 200 Mercedes Benz ambulances.

The contract sum was €15.8 mllion, at a unit price of €79,000. According to the terms of the contract, it was to become effective upon the signing of the contract by both parties and when all government and other approvals had been obtained by both.

The terms of delivery, according to the agreement, were that the first consignment of 25 vehicles would be delivered within 120 days of execution of the agreement. The 175 vehicles outstanding were to be delivered in batches of 25 every 30 days thereafter.

Under the agreement, advance payment was prohibited. In addition, payment for the purchase price of €15.8 million was to be by “raising an irrevocable and transferable letter of credit” from the Government of Ghana’s bankers for the benefit of the supplier.

Upon delivery of every 50 ambulances, 25% of the purchase price was to be paid through confirmed letters of credit (LCs) on sight of goods opened in favour of the supplier, upon submission of a number of documents specified in the agreement.

On 7 August 2014 Forson, the first accused, wrote to the Bank of Ghana in his role as the then deputy minister of finance, “urgently requesting … to establish the letters of credit for the supply of 50 ambulances amounting to €3,950,000, representing 25% of the contract sum, while arrangements are being made to perfect and sign the loan agreement … in favour of Big Sea”.

On 12 August 2014, the first accused wrote to the controller and accountant general authorising the release of a sum of GHC806,688.75 to the minister of health to enable him to pay the bank charges covering the establishment of letters of credit (LCs) for the supply of 50 Mercedes Benz ambulances and related services.

Forson further directed that the LCs should be charged to the budget of the Ministry of Health, contrary to Parliament’s approval on the funding for the supply of the ambulances.

The controller and accountant general, on the authority of the letters dated 7 and 12 August 2014, written by the first accused, wrote to the Bank of Ghana on 14 August 2014 authorising it to establish irrevocable, transferable LCs in the sum of €3.95 million in favour of Big Sea.

A consignment of ten ambulances, which was shipped from Dubai on 22 October 2014, arrived on 16 December 2014. Post-delivery inspection of the first batch of ten ambulances revealed that they had no medical equipment. Other fundamental defects included defects to the body of the vehicles and the patient compartment of the ambulances.

These defects were brought to the attention of Big Sea in a letter dated 11 February 2015, written by the second accused, Sylvester Anemana. By a reply dated 19 February 2015, Big Sea acknowledged the defects to the vehicles but said that the company proceeded to ship the vehicles when it received the LCs on 18 August 2014.

The company also said that the second consignment of ten vehicles, with the same defects, had been shipped 51 days before the date of the letter from the ministry.

The company promised to send its technicians to fix all problems relating to the defects and to train Ghanaian staff before handing over the ambulances.

The third batch of ten vehicles was shipped on 12 February 2015. By this time, the second batch had already arrived at Tema Port. All 30 ambulances bore the fundamental defects described.

A further inspection by Silver Star Auto Ltd at the request of the Ministry of Health showed that the vehicles were not originally built as ambulances and were therefore not fit to be converted for such a purpose.

In total, €2.37 million was paid for the 30 vehicles.

The third accused, as the local representative of Big Sea, knowing that the company had not shipped ambulances, still arranged with his principal to supply the purported ambulances and contracted with Big Sea to charge a commission of 28.5% on the proceeds from supplying these 30 vehicles, purported to be ambulances, to the Government of Ghana.

By a letter dated 20 January 2016, the then minister of health, Alex Segbefia, informed Big Sea that the vehicles did not meet the specifications for an ambulance and were not fit for purpose. The minister requested inspection of a well-equipped ambulance vehicle that would meet specifications by 20 February 2016.

Following this, a team led by the chief executive officer of the National Ambulance Service proceeded to Dubai and carried out an inspection on 11 February 2016. After the visit to Dubai, Big Sea undertook to send a technical team to Ghana to rectify the defects. This has not been done.

Reporting by Wilberforce Asare in Accra

Asaase Radio 99.5 broadcasts on radio via 99.5 in Accra, 98.5 in Kumasi, 99.7 in Tamale, 100.3 in Cape Coast and on our affiliates Bawku FM 101.5 in Bawku, Beats FM 99.9 in Bimbilla, Somua FM 89.9 in Gushegu, Stone City 90.7 in Ho, Mining City 89.5 in Tarkwa and Wale FM 106.9 in Walewale
Tune in to broadcasts online: www.asaaseradio.com, Sound Garden and TuneIn
Follow us on Twitter: @asaaseradio995
Live streaming on facebook.com/asaase99.5. Also on YouTube: AsaaseXtra.
Join the conversation. Call: 020 000 9951 or 059 415 7777. Or WhatsApp: 020 000 0995.
#Asaase321
#TheVoiceofOurLand
#WeAreHere
#WeLoveOurLand
#SafeMotorway4All