Ato Forson, AG: I See No Political Witch-Hunting- Nii Ayikoi Otoo

FORMER Attorney General and Minister for Justice, Lawyer Ayikoi Otoo said he sees no case of political witch-hunting in the case involving Ato Forson in the purchase of ambulances which landed him before court.

According to Lawyer Ayikoi Otoo, it was obvious that monies were paid unnecessarily in the supply of 50 ambulances amounting to €3,950,000.

In an interview, Lawyer Ayikoi Otoo averred that Ato Forson and his team should have done due diligence in the purchase of the ambulances hence, from where hs (Ayikoi Otoo) stands, there is “nothing political about this prosecution.”

Ato Forson and others have been sued for breaching the procurement law in the purchase of the ambulances.

It would be recalled that on August 7, 2014, Dr Forson wrote to the Bank of Ghana (BoG) “urgently requesting to establish the Letters of Credit for the supply of 50 ambulances amounting to €3,950,000, representing 25 per cent of the contract sum, while arrangements were being made to perfect and sign the loan agreement in favour of Big Sea.

Again, on August 12, 2014, Dr Forson wrote to the Controller and Accountant-General authorising the release of GH¢806,688.75 to the Minister for Health for the payment of bank charges covering the establishment of Letters of Credit (LCs) for the supply of 50 Mercedes Benz ambulances and related services. 

By February 2015, 30 ambulances had arrived in Ghana and a post-delivery inspection revealed that they had no medical equipment and there were other defects.

A further inspection by Silver Star Auto, at the request of the Ministry of Health, disclosed that the vehicles were not originally built as ambulances and not fit to be converted for that purpose. A total amount of €2,370,000 was paid for the 30 vehicles.

However, Lawyer Auikoi Otoo enumerated that if Ato Forson can prove that the vehicles he brought as ambulances have everything that ambulances should have, then there is no case.

“For me, the matter is simple. You took money and paid for ambulances and you brought empty vans, which are not fit for purpose and cannot be used as ambulances. So, why should the prosecution with all its evidences, coerce your witness to say things against you,” he said.

He described the accusations against the Attorney General as an attack on the AG, stressing that as a former Attorney General, and a prosecutor, if you don’t have evidence and you go to court you are likely to lose the case and you as a prosecutor, the onus of proof is on you through out the proceedings and you don’t have to rely on the Defendant too make your case.

The other aspect, he noted, is that “we are all aware that there have been attempts by Ato Forson to get this matter resolved out of court, with plea bargaining so the story going about is neither here nor there.

“Before they call you as a witness, your statement would be taken so already you know what you are going to say so, if you are not our witness then you are a witness for Ato so how can we call you to give evidence against Ato?” he queried.

Lawyer Ayikoi Otoo said there is no essence in somebody coming to manufacture evidence against Ato Forson when the case has already started, “I don’t think we should waist lots of time on this story.”

“I am also aware from the position of the AG, that some businessmen who are part of the case, came just to pay whatever it is in relation to the financial loss so that the matter is not pursued,” he added.

He also maintained that the prosecution has started its case long ago and they are aware of their evidence, and that the case that the 3rd accused is being coerced to give evidence against Ato Forson is misplaced.

Commenting on the Attorney General’s statement issued on that allegation, Lawyer Ayikoi Otoo said it depends on where the 3rd accused person made those allegations.

According to him, if the allegation was made in court, the 3rd accused person would be cross examined on it but if it is outside the court, the Attorney General has the right to respond to it through its statement.

The statement by the Attorney General also however revealed that the 3rd accused through several letters, proposed plea bargaining with the AG.

According to Ayikoi Otoo, this is a legal matter, based on the fact that some payments were made for fully functioning ambulances yet, when they came, they were not fit for purpose that is why the case of causing financial loss was brought against Ato Forson.

Ayikoi Otoo’s understanding is that the ambulances were not fit for purpose and if Ato Forson can prove otherwise, then there is no case going to court.