Attorney General tenders letter of Jakpa’s ‘dismissal’ from GAF

How Richard Jakpa exited the Ghana Armed Forces (GAF) took center stage during cross-examination in the ongoing trial of the procurement of €2.37 million ambulances, which were rejected by the state as not fit for purpose.
Deputy Attorney General (AG) Alfred Tuah-Yeboah tendered into evidence Mr Jakpa’s supposed dismissal letter.

Jakpa’s dismissal letter
The prosecution argued that Mr Jakpa’s dismissal letter is pertinent to establishing his character and the circumstances surrounding his involvement in the ambulance procurement process.
The letter detailed reasons for Mr Jakpa’s termination, which included allegations of misconduct and breach of military protocols.
In presenting the evidence, the Deputy AG emphasized the relevance of Mr. Jakpa’s dismissal to the case, asserting that it highlights a pattern of behavior that could be critical in understanding the broader context of the allegations.
The Deputy AG argued that Mr Jakpa’s dismissal for misconduct casts doubt on his reliability and trustworthiness, which are key elements in assessing the validity of his testimony and actions related to the ambulance procurement.
Defense attorneys, however, raised objections to the introduction of the dismissal letter, arguing that it was prejudicial and unrelated to the core issues of the trial.
They contended that Mr. Jakpa’s past employment records should not influence the court’s assessment of the current charges and that the focus should remain on the evidence directly related to the ambulance case.
The defense requested the court to disregard the letter as inadmissible evidence, citing concerns of bias.

Judge admits letter into evidence
However, the judge admitted the letter into evidence after a brief break.
She rejected the objections raised by Mr. Jakpa’s lawyers, stating that her decision is based on Section 60 on personal knowledge and Section 126 on official records.
Mr. Jakpa told the court that the attachment, titled ‘Release from service for unsatisfactory conduct,’ was alien to him.
He refuted allegations that he approached Big Sea for the purchase of ambulances after receiving parliamentary approval.

Prosecution to end cross-examination on Tuesday
Mr. Tuah-Yeboah disclosed that the prosecution plans to finish its cross-examination on Tuesday.

Dame takes over cross-examination
Attorney General Godfred Yeboah Dame then took over the cross-examination of Mr. Jakpa from his deputy Tuah-Yeboah.
This is the first time the Attorney General is directly cross-examining the witness after initial suggestions that he was avoiding a confrontation with him following the emergence of a leaked conversation with Mr. Jakpa in which he was accused of witness-tampering.

Letters of Credit
Mr Jakpa testified that the letter from Dr. Cassiel Ato Forson, regarding the establishment of Letters of Credit (LCs), was addressed to the Bank of Ghana (BoG) and not to the Controller and Accountant-General’s Department (CAGD).
According to him, the letter authorizing the establishment of Letters of Credit (LCs) for the procurement of ambulances was addressed to the Bank of Ghana (BoG) and was on behalf of the then Finance Minister, Seth Terkper.
This detail, he argued, is crucial in understanding the context and appropriateness of the authorization process.
Mr Jakpa’s assertion came as a defense against the allegations that Dr. Forson acted improperly in the ambulance procurement process.
He emphasized that the procedure followed by Dr. Forson was consistent with standard governmental practice, and the letter directed to the BoG aligns with the usual protocols for such financial transactions.
This, Mr Jakpa noted, should mitigate claims of wrongdoing attributed to Dr. Forson.
He stated that addressing the letter to the BoG was not only appropriate but also necessary for the timely and efficient execution of the procurement.
He argued that the BoG is the right entity for handling such transactions, as it oversees the country’s monetary policy and financial operations.
Mr Jakpa detailed how the BoG, rather than the CAGD, is typically responsible for issuing LCs due to its role in managing the nation’s foreign exchange and international financial transactions.
He pointed out that this distinction is critical in ensuring that financial processes adhere to proper channels, thus reinforcing that Dr. Forson’s actions were in line with standard practices.
However, the prosecution argues that the seal on the document indicates the authority of the former Deputy Minister, not the Minister.
He clarified that Big Sea had already been known to the Ministry of Health and Ministry of Finance before the approval.
Mr. Jakpa contested the assertion, labeling it as entirely false.

Disagreement about dates
He pointed out that the agency agreement between Big Sea and Jakpa@business Limited was established on May 24, 2011, whereas parliamentary approval for ambulance procurement occurred on November 1, 2012, more than a year later.
But, the prosecution argued that based on documentary evidence submitted by Mr. Jakpa himself, Big Sea was registered as licensed for ambulance conversion in April 2015, whereas the contract with Big Sea was signed in 2012 and the ambulances were actually supplied in 2014.
This means that at the time the contract was signed with Big Sea and at the time the vehicles were actually supplied in 2014, the company had no authorization to convert vehicles into ambulances.
Meanwhile, Mr Jakpa claims that Big Sea was authorized by the contract to convert some of the faulty vehicles into ambulances.

Money Mr Jakpa received
He admitted that he pocketed as much as 28.7% of the 2.3 million Euros of the money paid to Big Sea under the unlawful ambulance contract.
This figure translates to 700,000 Euros.
Meanwhile, it was put to Mr Jakpa by the Attorney General that, per the Agency Agreement between Mr Jakpa and Big Sea, which was tendered in evidence, Mr Jakpa was entitled to only 10% (i.e., 230,000 Euros) of the money paid under the ambulance contract.
This was confirmed by Mr Jakpa in open court.
Mr. Jakpa vehemently denied any wrongdoing in his dealings with Big Sea post-parliamentary approval, asserting that the timeline presented by the AG inaccurately portrayed his actions.
The defense’s argument hinges on the sequence of events and the nature of pre-existing relationships between the involved parties.
There was a protest at the High Court in the ongoing ambulance purchase trial.

Protesters at court premises
Protesters gathered at the forecourt of the Law Court Complex after the fourth proceeding of the trial, showing their support for Dr. Forson.
The protesters chanted local Ghanaian songs with strips of red cloth tied around their necks.
For the first time, some traditional rulers from the Central Region were also at the court to show their support and solidarity for Dr. Forson.
Members of Parliament from the opposition National Democratic Congress (NDC), along with the Central Regional Chairman of the party, were also at the Law Complex to support the Minority Leader.
State prosecutors are cross-examining Mr. Jakpa, in the ambulance procurement case for which Dr. Forson, is standing trial with him.
The two men have been accused of willfully causing financial loss to the state and deliberately misapplying state funds.
The state says it lost some €2.37 million for nothing more than defective Sprinter buses.