A former Deputy Finance Minister, Dr. Cassiel Ato Baah Forson, and two others hauled before an Accra High Court on various charges, including “willfully causing financial loss to the Republic”, have been granted bail in the sum of GH₵9 million after they pleaded not guilty.
They are facing trial in connection with a shady €2.37 million ambulance acquisition deal which took place under the previous Mahama government.
The court, presided over by Justice Afia Serwah Asare-Botwe, after listening to the parties, admitted the accused persons to bail.
First accused person, Dr. Forson, was admitted to a GH₵3 million self-recognizance bail, whilst the second accused person was admitted to bail in the sum of GH₵1 million with three sureties one of whom should be a public servant not below the rank of a director.
The third accused person was also granted bail in the sum of GH₵5 million with three sureties. One of the sureties should be justified with documents of landed property.
The two others arraigned together with the former Deputy Finance Minister are Sylvester Anemana, a former Chief Director of the Ministry of Health, and Richard Jakpa, local representative of Big Sea General Trading Limited.
The Attorney General, Godfred Yeboah Dame, who was in court together with his two deputies – Alfred Tuah-Yeboah and Diana Asonaba Dapaah – did not oppose the grant of bail, except to urge the court to admit Dr. Forson to a self-recognizance bail because he is a public officer.
Charges
On December 23, last year, the state through the Director of Public Prosecution, Mrs Yvonne Atakora Obuobisa, filed the charges against the three persons.
The three have been charged with a total of five counts, namely ‘Willfully causing financial loss to the Republic, contrary to Section 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29; abetment of crime, namely “willfully causing financial loss to the Republic, Contrary to Section 20(1) and 179 A(3)(a) of the Criminal Offences Act, 1960 (Act 29); ‘Contravention of the Public Procumbent Act, 2003, contrary to Section 92 (2) (b) of the Public Procurement Act, 2003 (Act 663); and “Intentionally misapplying public property contrary to Section 1 (2) of the Public Property Protection Act, 1977 (SMCD 140).”
Ambulance deal
The three are facing trial for causing financial loss of €2.37 million to the state in a deal to purchase some 200 ambulances for the country between 2014 and 2016.
Per the A-G’s facts accompanying the charge sheet, in 2009, during the state of the nation’s address, the then President John Evans Atta Mills indicated that new ambulances would be purchased to expand the services of the National Ambulance Service to many parts of the country.
Following the state of the nation address, Jakpa, who is a local representative of Big Sea General Trading Limited, a company based on Dubai, approached the Ministry of Health with a proposal that he had arranged for finance from Stanbic Bank for the supply of 200 ambulances to the government.
By a joint memorandum dated April 30, 2012, the then Minister of Finance, Dr Kwabena Duffuor, and the then Minister of Health, Alban S.K Bagbin, applied for parliamentary approval for the supply of 200 ambulances at a price of €15,800,000 to be paid out of credit arrangement between Stanbic Bank and the government of Ghana through the Ministry of Finance.
“By an agreement dated December 19, 2012, the Ministry of Health, formally contracted Big Sea General Trading, based in Dubai, for the supply of 200 Mercedes Benz ambulances. The contract sum was €15.8million at a unit price of €79,000)
“The terms of the delivery, as per the agreement, were that the first assignment of 25 vehicles should be delivered within 120 days of the execution of the agreement. The outstanding 175 vehicles were to be delivered in batches of 25 every 30 days,” the facts say.
Per the terms of the agreement, advance payment was prohibited, but rather the payment was to be done through the raising of letters of credit by the government of Ghana to the suppliers of the ambulances.
On August 7, 2014, Dr Forson wrote to the Bank of Ghana for letters of credit of €3,950,000 for the supply of 50 ambulances in favour of Big Sea.
“A consignment of 10 ambulances which was shipped from Dubai on October 22, 2014, arrived on December 16, 2014. A post-delivery inspection of the first batch of 10 ambulances revealed that some were without any medical equipment in them. Other fundamental defects included defects on the body of the vehicles and the patient compartment of the ambulances.
“The third batch of 10 vehicles were shipped on February 12, 2015. By this time, the second batch had already arrived at the Tema Port. All the 20 ambulances had the same fundamental defects. A total amount of €2,370,000 was paid for the 30 vehicles, the facts added.
It said by a letter dated January 20, 2016, the then Minister of Health, Mr Alex Segbefia, told Big Sea that “the vehicles did not meet ambulances specifications and were not fit for purpose.”
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