Pulse logo
Pulse Region

A-G's power not absolute' — Joe Ghartey advises Godfred Dame over Jakpa audio

Godfred Dame
Godfred Dame

Ghartey said he believed the episode would make Dame "wiser."

He opposed calls for Dame's resignation, stressing that the A-G should continue to discharge his duties without fear or favour.

He said the A-G's power is not absolute, adding that it is subject to the law like all powers exercised in Ghana.

Joe Ghartey stated that Godfred Yeboah Dame needs to be strong, firm, and fair, and asked God to be his guide.

His reactions come following an audio tape released by the National Democratic Congress (NDC) on Tuesday, May 28, 2024, where the tape reveals a coaching session designed to influence Richard Jakpa, the third accused in the ambulance trial.

This development comes amid ongoing legal battles where Dr. Forson, a former Deputy Minister of Finance and Member of Parliament for Ajumako-Enyan-Esiam, is accused of authorising payments for defective ambulances, allegedly resulting in financial loss to the state.

The release of this tape has stirred significant controversy and raised questions about the integrity of the legal proceedings against Dr. Cassiel Ato Forson, who faces charges of causing financial loss to the state in relation to the procurement of ambulances.

The tape, purportedly featuring conversations between the AG and the witness, suggests the witness was being instructed on how to frame his testimony to ensure Dr. Ato Forson's culpability.

The NDC has highlighted several key excerpts from the tape that they argue demonstrate clear attempts by the AG to influence the witness's testimony.

In the audio recording played by the NDC, Godfred Dame sounded extremely ignorant about the ambulance case.

He clearly entered the trial without any investigation or legal brief from the Police Criminal Investigations Department (CID), the National Bureau of Investigation (NIB), or the Economic and Organized Crime Office (EOCO).

He allegedly begged Jakpa to testify in a certain way in court.

Below is the full opinion piece by Joe Ghartey

Recent happenings related to the Attorney-General and the Minister for Justice (A-G) have drawn me to share my humble opinion. People have argued that the A-G’s powers are wide.

The truth is that the A-G's power is not absolute. It is subject to law like all powers exercised in Ghana.

One of the most interesting laws that have been enacted in recent times is the law on plea bargaining which is the Criminal and Other Offences (Procedure) (Amendment) Act, 2022 (Act 1079), which incidentally was spearheaded by the current Attorney-General, Godfred Yeboah Dame.

Whilst I was A-G from June 2006 to January 2009, there were several situations where the office was engaged in plea bargaining. We had no law to guide us, but we sought at all times to act in the best interest of the State and in good faith.

Today, we have a much better situation. Since 2022, issues relating to plea bargaining are governed by law.

In recent times, issues have been raised in relation to plea bargaining and a meeting in Justice Kulendi’s house where the A-G is reported to have said that he ‘accidentally’ met an accused person. Comments abound in the media with regard to a tape recording of a conversation. There is what some have described as the original tape and what others have described as the doctored tape.

All this brings back interesting memories of my time as A-G. In a case which came to be known as the ‘Tagor Case’, we, the prosecution, relied on a recording of a conversation. The Court of Appeal rejected the evidence in the light of the law on privacy. As to whether a lawyer can meet a judge, I think every lawyer or judge will agree that it can happen. The Sallah case, which was in the 1960s, dealt with this matter to some extent. Whether the A-G should have excused himself in the circumstances is another question.

Be that as it may, most of these matters are before the court, and we must hesitate to comment on matters before court, in my humble opinion. At the end of the day, after the court arrives at its decision, the floodgates will be open for commentary.

In the meantime, A-G, I believe you have been left wiser but continue to prosecute or otherwise as the need arises. When the circumstances so dictate, enter into plea bargainning negotiations without hesitation, fear, or favour. All I can say at this stage is Attorney- General, Godfred Yeboah Dame, be strong, firm, and fair. God be your guide.

Subscribe to receive daily news updates.

Next Article