On Thursday, June 13, the High Court in Accra will determine whether or not to accept an audio recording of a discussion between Godfred Yeboah Dame and Richard Jakpa, the third accused in the current ambulance case.

This comes after attorneys representing minority leader Dr Cassiel Ato Forson filed the recording to cross-examine Richard Jakapa about his claims that the Attorney General has been contacting him at strange hours to incriminate Ato Forson.

Similarity of Audio

The tape, which had been served to all parties before the hearing save for Richard Jakpa’s lawyers, was played in open court. Justice Afia Serwah Asare-Botwe ordered for the recording to be played to ‘verify if what was provided is the same as the one before the court and if the audio is admissible’

The prosecution confirmed the audio to be the one served on them and the one produced for the mistrial application which the judge dismissed.

Channel One News says that the recording was significantly identical to the one aired by the National Democratic Congress during its recent press conference on the topic.

OBJECTION BY PROSECUTION

The prosecution nonetheless opposed the inclusion of the audio as evidence. Arguing for the state, the director of public prosecution, Yvonne Attakora-Obuobisa highlighted, that even if the tape was earlier permitted by the same court to dispose off the mistrial application, it does not in the current context provide any relation to the main trial.

Ms. Attakora-Obuobisa noted that the recording was only admitted then because the court needed to assess if the Attorney General intended to ask Richard Jakpa to accuse Dr. Cassiel Ato Forson. She reminded the court that it was assigned ‘negligible weight’.

She then claimed that in the current situation and line with section 51 of the evidence ACT, the recording is ‘extremely irrelevant”.

According to her, the recording discusses matters of the issuance of the letters of credit and those issues, in her opinion, are already before the court through the cross-examination of the witnesses of Ato Forson like Alex Mould and Seth Terkper, as well as evidence adduced by prosecution witnesses.

She was of the clear view that ‘the recording is of no consequence whatsoever in arriving at any finding in regard of the activities of the accused person (Ato Forson) that has resulted in financial loss or the purposeful misapplication of public funds’

To make the audio acceptable, Yvonne Attakora Obuobisa also emphasised the point that the attorneys of Ato Forson need to establish that the recording does not infringe any articles of the constitution. She cites Article 18(2) of the 1992 constitution which ensures the right to privacy.

The Director of Public Prosecution claims, that the audio recording does not fulfil the exemption of recording without authorization, to prevent a crime.

To her, the attorneys of Dr. Cassiel Ato Forson have not been able to substantiate any criminal the Attorney General was committing or about to commit for which the recording needed to be done without the approval of the Attorney General.

ATO FORSON’S LAWYERS RESPONSE

Dr Abdul Bassit Aziz Bamba, who headed the minority leader’s counsel, branded the objection as ‘frivolous, unsustainable, and should be overruled’. He contends that the recording’s content is important since it pertains to talks on exhibits currently before the court, which deal with the ambulance supply arrangement and authorization.

He contends further that the tape is significant as to when the Letters of credit should have been formed and whether any financial harm at all has been made to the state.

He refers to the substance of the recording indicating that it can be heard on the tape, that Dr. Sylvester Anemana who was the second accused in the affair, until a Nolle Prosequi was made for his case, was the one who approved the Letters of credit and not Dr. Ato Forson.

Dr Bassit Bamba further stressed upon the court to find the tape acceptable on grounds that the ‘same reasons and more’ for why the court ascribed importance to the tape in examining their application for mistrial remain in the current case.

Lawyers of Ato Forson further sought the court to enter the tape into evidence as the interaction is between Richard Jakpa and the Attorney General who is a public servant and required to carry out his mission in good faith.

The attorneys believe that the Attorney General was aiming to undermine the right of their client to a fair trial.

Dr. Bassit Bamba also disagreed with the prosecution’s stance, that the recording without the authorization of the Attorney General undermines Godfred Dame’s right to privacy.

He claims that the activities of the Attorney General in seeking to press his perspective of the case on Richard Jakpa constituted interference with the administration of justice and amounted to contempt of court.

He contends also that the Attorney General’s conduct relates to a crime of intentional suppression contrary to the mandates of sections 239 and 246 of the Criminal and Offences Act, 29.

ADJOURNMENT

Justice Afia Serwah Asare-Botwe after hearing the arguments of the two parties delayed the case to Thursday to issue a verdict on the admissibility of the audio.

Titus Glover, Greater Accra Regional Minister, characterised Asantehene Otumfuo Osei Tutu II’s historic visit to Ga state on Sunday, June 9, 2024, as a testament to togetherness and conflict settlement.

The visit, which began with a special durbar hosted by the Ga Mantse, King Tackie Teiko Tsuru II, aims to foster friendship, collaboration, and community development between the two ancient kingdoms.

The visit follows Ga Mantse’s recent involvement in the 25th anniversary of Otumfuo’s accession to the throne and his 74th birthday celebrations.

In an interview with ChannelOne News, Mr Glover emphasised the value of friendship in chieftaincy and stated that the visit demonstrates the necessity of building unity and resolving problems.

He stated that Otumfuo’s extensive experience on the throne, as well as his ability to manage and settle disagreements, make him an invaluable mentor to the Ga Mantse, who is fresh to the throne.

Mr. Glover praised the Asantehene’s generosity, noting that it is a great honour for the Ga state to welcome such a renowned guest.

He believes that this visit would strengthen the connection between the two kingdoms, benefiting both sides.

“Otumfuo has been on the throne; he has witnessed everything that goes into the chieftaincy, including how to organise people.” How to resolve a quarrel. And I believe Nii Ga is only a few years away.

“That means he has something he can learn from and Asantehene does not visit anywhere at a time. For him to take a step to visit you in your kingdom or state, it means he has valued that relationship.”

Over the weekend, Asantehene Otumfuo Osei Tutu II donated GH₵500,000 to the Ga Education Fund at the Ga Mantse royal palace in Accra, demonstrating his passion for education.

In his remarks, he emphasised that growth must prioritise children’s well-being.

“I want to donate an amount of GH₵500,000 to the Ga Education Fund to help in the education of less-privileged Ga children,” he said.

Otumfuo also thanked Nii Teiko Tsuru II and the Ga state, stating,

“I appreciate your participation at my 25th anniversary celebration. You expressed affection. I pray to the gods for guidance. My doors are open. I am always available to provide you with guidance on any issue.

He emphasised the need for togetherness, asking the people of Ga and Ashanti to band together to improve their villages.

This durbar is notable since it is part of Asantehene Otumfuo Prempeh II’s first historic visit to Georgia since 1946.