A storm is brewing in Ghana’s legal and political landscape following a petition lodged at the Criminal Investigations Department (CID) against a sitting Supreme Court Justice and a top security official.
Daniel Marfo Ofori-Atta, a Ghanaian citizen with what he describes as a strong interest in “the development of the rule of law, good governance, and democracy,” has formally requested the CID to investigate Justice Yonny Kulendi of the Supreme Court and his cousin, Richard Jakpa, the Director of Operations at the National Security Council.
Jakpa had earlier petitioned the CID to investigate former Attorney-General Godfred Yeboah Dame for alleged misconduct and attempted fabrication of evidence in the same case.
At the heart of Ofori-Atta’s petition is the allegation that Justice Kulendi and Mr. Jakpa conspired to interfere in the criminal prosecution of Republic v. Dr Cassiel Ato Forson & 2 Others—a politically charged trial that has dominated national discourse since 2023.
Ofori-Atta insists the conduct of the two men not only undermined the integrity of Ghana’s judicial process but also bordered on criminality under Act 29 of 1960.
Alleged interference from the outset
The case in question involves Dr. Ato Forson, current Minister for Finance and former Minority Leader in Parliament, who, alongside others, faced trial over alleged financial loss to the state in the procurement of ambulances.
Jakpa, a businessman and current Director of Operations at National Security, was the third accused person in the case.
The accused stood trial for allegedly causing a financial loss of €2.37 million to the state in the controversial ambulance deal.
According to Ofori-Atta’s petition, the alleged interference began as soon as Jakpa was arraigned on January 18, 2023.
The petitioner claims Jakpa immediately sought the assistance of his cousin, Justice Kulendi, to sway the prosecution in his favour.
It is alleged that Justice Kulendi directly approached the then Attorney-General, Godfred Yeboah Dame, urging him to facilitate Jakpa’s release despite the accused’s failure to satisfy bail conditions.
During the trial, under cross-examination by Director of Public Prosecutions (DPP) Yvonne Atakora-Obuobisa, Jakpa reportedly admitted that it was Justice Kulendi who provided him with the Attorney-General’s private telephone number.
Ofori-Atta contends that this connection opened the floodgates to persistent communications.
Court records show Jakpa sent 68 WhatsApp messages to Mr. Dame, who responded only twice and consistently rejected his overtures.
Meetings at the Justice’s residence. When these direct appeals failed, the petition alleged that Justice Kulendi arranged private meetings at his residence, where he invited both Mr. Dame and Mr. Jakpa.
According to court records tendered in evidence on June 18, 2024, these meetings took place at least four times.
At these encounters, Ofori-Atta claims, Justice Kulendi pressured the Attorney-General to either discontinue the prosecution or ensure Jakpa’s discharge at the “submission of no case” stage.
The petitioner insists this amounted to direct interference with judicial proceedings.
Notably, the petition emphasises that beyond the courtroom and Kulendi’s residence, Mr Dame never met Mr Jakpa elsewhere—a point the petitioner uses to highlight the deliberate role of the Supreme Court Justice in creating opportunities for such encounters.
Supporting evidence
Ofori-Atta’s petition is not without supporting material.
He has attached copies of the WhatsApp exchanges between Jakpa and Mr. Dame and certified records of proceedings from June 6, June 18, June 20, and June 27, 2024, in the case of Republic v. Dr Cassiel Ato Forson & 2 Others.
These, he argued, prove that Justice Kulendi’s actions were not only ethically questionable but also violated the Criminal and Other Offences Act.
“The conduct of Justice Kulendi and Richard Jakpa is not only dishonourable but also borders on the commission of crimes,” the petition reads.
Broader implications for Ghana’s judiciary
If proven, the allegations against Justice Kulendi could constitute one of the gravest cases of judicial misconduct in Ghana’s history.
The independence and integrity of the judiciary have long been central to Ghana’s democratic stability, and accusations of collusion at the highest levels strike at the heart of public confidence in the system.
In his petition, Ofori-Atta emphasises his readiness to cooperate fully with investigators.
“I am available and willing to assist you with any documents, including relevant exhibits and the record of proceedings,” he wrote, urging the CID to ensure “a thorough investigation in accordance with due process.”
The Ato Forson trial in context
The Forson case itself has been one of the most politically sensitive prosecutions in recent memory.
It concerned the procurement of 200 ambulances, a project initiated during Dr. Forson’s tenure as Deputy Finance Minister under the late President John Evans Atta Mills.
Big Sea General Trading Limited, a Dubai-based company, was contracted to supply the ambulances, with Jakpa’s company, Jakpa at Business, acting as its local representative.
Parliament approved a funding agreement with Stanbic Bank, and letters of credit were issued.
However, according to the prosecution, payments were made for ambulances that did not meet specifications, leading to the loss.
Forson and Jakpa consistently denied wrongdoing, describing the trial as a political witch-hunt designed to weaken the opposition.
Legal turning points
In July 2024, the Court of Appeal acquitted and discharged both Dr. Forson and Mr. Jakpa.
The court also overturned the trial court’s order for Dr. Forson to open his defense, a decision that significantly shifted the dynamics of the case.
The Attorney-General’s Office, then under Mr. Dame, filed an appeal at the Supreme Court challenging the acquittal.
However, before the case could be heard, the political landscape changed.
The National Democratic Congress (NDC) assumed power from the New Patriotic Party (NPP), and Dr. Dominic Ayine, the new Attorney-General and Minister of Justice, entered a nolle prosequi, effectively discontinuing the prosecution.
