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John Dramani Mahama, flagbearer of the National Democratic Congress (NDC), has clarified that their praise for the Court of Appeal’s decision to acquit and discharge the accused in the ambulance trial does not indicate a sudden shift in their stance on the judiciary.
In an exclusive interview with TV3’s Komla Klutse on July 30, Mahama explained, “Not that we have suddenly found our voice. I do think that despite the issues we have with the judiciary, there are judges who are fair-minded. We are not talking about all judges. In some cases, we criticize judgments. For instance, to say that your birth certificate can’t be proof of your identity as a citizen, I don’t agree with that judgment, but they pronounced it and we have abided by it.”
He further emphasized, “We sent an election petition, we were thrown out, and I said I respected the judgment of the court. So we have always respected the judgment of the court. As president, I can say I never ever, once, interfered with the administration of justice, even though the Chief Justice was a church member of mine. I can say on authority I never ever discussed one case with her; I left it to the wisdom of the judges to make those determinations.”
Mahama also criticized the current administration’s handling of the judiciary, stating, “In this government, we know and we have heard of manipulation of judges. Judges are called and told what decisions to take and all that. I do think we give judges security of tenure so that they can be fair-minded in what they do and I am prepared to work with the judiciary to create the kind of judiciary we deserve.”
Regarding the ambulance trial involving Minority Leader Dr. Cassiel Ato Forson, Mahama expressed that the case should never have been initiated. He stated, “I think that it shows the vindication that [Ato Forson] is innocent. We believe that this prosecution should never have taken place. Indeed, it [Court of Appeal’s decision] came as a surprise because I had quite forgotten about the appeal.”
The Court of Appeal’s ruling on July 30 meant that the High Court, scheduled to hear the case on the same day, did not proceed. The High Court had previously directed Dr. Forson and his co-accused, Richard Jakpa, to open their defense in March 2023 after the Attorney General’s office presented prima facie evidence related to a 2.37 million Euro ambulance procurement case. The charges included willfully causing financial loss to the state due to the ambulances’ failure to meet their intended use.
The Court of Appeal overturned the High Court’s decision, ruling that “the prosecution failed to establish sufficient evidence. The trial judge erred in calling on A1 (Dr. Cassiel Ato Forson) to open his defense. No positively proven facts. Evidence based on impermissible speculations. There is no link between the evidence heard and what happened for the third accused to be called to open defense.”
The panel of three justices also acquitted and discharged the accused, noting, “If there is any financial loss, that was based on the Health Ministry’s recklessness and should be blamed on the Ministry of Health. If they worked in the interest of the state, the whole ambulance issue would have been addressed. Both appellants have made a case for them to be acquitted and discharged.”
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