Seth Terkper exonerates Ato Forson in court

A former Finance Minister, Seth Terkper, has told an Economic and Financial Court that he instructed his former Deputy, Dr. Cassiel Ato Forson, to write to the Bank of Ghana (BoG) to request the establishment of Letters of Credit in favour of Big Sea General Trading Ltd in Dubai.

This request, he said in a 3news.com report, was to facilitate the supply of 30 ambulances for Ghana.

Speaking in court as the star witness for the defence in a case brought against Minority Leader, Dr. Cassiel Ato Forson and two others, the former finance minister told the court, presided over by Justice Afua Serwaa Asare Botchwey, that he granted the authorisation to Dr. Ato Forson to initiate the establishment of the Letters of Credit during a special management meeting that he chaired at the Finance Ministry.

He said, the meeting followed a legal opinion they received from the Attorney General (A-G) and the Ministry’s Legal Department to ensure the execution of a contract between the Government of Ghana (GoG) and Big Sea for the supply of 200 ambulances to avert the payment of judgement debt if Big Sea sued the government due to lengthy delays and breaches of the contract.

He disputed claims made by the Attorney General that Dr. Ato Forson caused the Letters of Credit to be established without due cause and authorisation, which suggests that they were not accurate.

In his witness statement, Seth Terkper explained that he had received an opinion from the Attorney General in 2014.

This opinion emphasised that failing to execute the contract with Big Sea would lead to judgement debt.

Terkper pointed out that the Attorney General's opinion stated that "all governmental approvals had been obtained" for the contract and that this opinion was binding on all government agencies involved in the transaction.

Also, the former finance minister clarified that the Letters of Credit in question were established on an "approval basis”.

This meant that the Ministry of Health had to endorse the documentation from Big Sea, proving the shipment of the ambulances. After satisfying themselves that Big Sea had met all conditions, the Ministry of Health would then authorise the Bank of Ghana to make payments under the Letters of Credit.

Charges against Ato Forson

The three accused – Cassiel Ato Forson, Sylvester Anemana (a senior official at the Ministry of Health) and Richard Jakpa (a businessman) – have been charged on five counts in total.

These are:

Wilfully causing financial loss to the Republic of Ghana, contrary to Section 179A (3)(a) of the Criminal Offences Act 1960 (Act 29);

Abetment of crime, namely wilfully causing financial loss to the state, contrary to Sections 20 (1) and 179 A (3)(a) of the same Criminal Offences Act 1960;

Contravention of the Public Procurement Act 2003 (Act 663), contrary to Section 92 (2)(b) of the said act, and

Intentionally misapplying public property, contrary to Section 1 (2) of the Public Property Protection Act 1977 (SMCD 140).

WN/DAG

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