The Director of Legal Affairs of the governing New Patriotic Party (NPP), Gary Nimako has said that the decision of the Attorney-General and Minister for Justice, Godfred Yeboah-Dame to resign or be sacked from office solely lies with him and the president.

“The issue about whether the Attorney-General resigns or be sacked, lies with the appointing authority or he himself, sitting down to say well maybe I want to resign,” Mr Nimako said on JoyNews’ Newsfile on Saturday, June 8.

"The issue of whether there is a breach of our ethical rules is not the courtroom. That is why the judge says I'm going to deal with this particular matter here, in the courtroom," he said.

His comments come after the National Democratic Congress (NDC) released what it claims to be an audio recording of a conversation between the Attorney-General, Godfred Yeboah Dame, and the third accused, Richard Jakpa in the controversial ambulance procurement trial.

Mr Jakpa alleged that the Attorney-General previously approached him to help build a case against the Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson.

There have since been several calls for his resignation or dismissal.

The controversy surrounding the leaked telephone conversation was further intensified by the Accra High Court's recent decision to reject calls for an inquiry into the Attorney General's conduct. This ruling was one of four separate decisions issued by the court on Thursday, June 6.

The court's decisions followed numerous applications filed by the first accused person and the third accused, Richard Jakpa. These applications sought to scrutinise the actions and involvement of the Attorney General in the ongoing case.

Although the Judge strongly advised the Attorney General to recuse himself from the case, he has vowed to still prosecute the case to its logical conclusion.

Read also: Godfred Dame will continue his duties; leaked audio won’t affect court case – Deputy AG

The NPP Legal Affairs Director said all the statements made by the third accused in the alleged tape recording did not originate from the Attorney-General instructing Mr Jakpa on what to do.

“Haven’t listened to this tape with sober ears, you will see clearly that all the statements that were being said by Jakpa do not emanate from the Attorney-General saying - say this, say that. It is very clear.

Mr Niamako asserted that because Mr Jakpa knew that he was recording the conversation with the Attorney-General, he started suggesting things to Mr Dame.

Responding to the issue of mistrial, Mr Nimako stated that the entire case needs to be assessed to determine whether there has been a miscarriage of justice.

“You have to make a full assessment of the entire thing to say that some injustice has occasioned the person and therefore, there’s a mistrial.

He argued that from the beginning of the proceedings up to the time the Minority Leader, Dr Cassiel Ato Forson closed the case, nobody had claimed that he had not been given a fair hearing in the matter.

“Even when Jakpa started mounting the box, he had this tape with him, this tape that he relies on now at this stage to try to cause confusion. …If he finds this tape relevant to disproving his case, why did he not at that time, file for leave and amend the witness statement, to say that I think that this particular information is relevant to me showing that I’m innocent.

“This particular tape is a red-herring, the tape has nothing to do with whether the financial loss was caused or not,” he added.