A Lecturer at the University of Ghana Law School, Prof. Kwadwo Appiagyei-Atua, has advised the Attorney General against going to the Supreme Court to appeal Tuesday's Court of Appeal decision that quashed the ambulance procurement trial.
In an interview on Joy FM’s Top Story on Tuesday, Prof. Appiagyei-Atua said that pursuing an appeal in the case is not a prudent decision, adding that he can proceed with the numerous cases on his desk.
“I personally don’t think that going to the Supreme Court for an appeal is a sound decision to take. In my opinion, the matter should rest after this decision by the Court of Appeal,” he said.
The Court of Appeal had quashed the trial of Minority Leader Cassiel Ato Forson and businessman Richard Jakpa, who were accused of causing a financial loss of €2.37 million to the State in a deal to purchase 200 ambulances between 2014 and 2016 for State. The court ruled that the two had no case to answer, overturning an earlier decision by the High Court.
Attorney General Godfred Dame criticised the decision, describing it as "perverse" and "grossly unfair to the nation."
He argued that the decision undermines public accountability and the rule of law and stated that his office would file an appeal against the judgement.
Prof. Appiagyei-Atua explained the distinction between acquittal and discharge, noting that “If the person has been acquitted and discharged, it means that the case has ended. But if it’s just a discharge, it means that there is a possibility that the case can be resurrected.”
While acknowledging that the legal process allows for an appeal at the Supreme Court, Prof. Appiagyei-Atua emphasised the importance of carefully weighing the nature of the case before proceeding.
He questioned whether the Attorney General might be too emotionally involved or fixated on prosecuting the Minority Leader with the action he wants to take, adding that “I think he needs to review that carefully because it is a question of legality, professional conduct."
Prof. Appiagyei-Atua expressed the belief that the Court of Appeal’s verdict was fair, asking the Attorney General to consider letting the matter rest.
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