Bright Simons, Vice President of IMANI-Africa, has added his voice to the ongoing trial of Cassiel Ato Forson for allegedly causing financial loss to the state.
The trial which took a dramatic twist last week with accusations and counteraccusations has many Ghanaians divided. While the NDC of which Ato Forson belongs says the trial is politically motivated, the government has said otherwise.
Private individuals have expressed contrasting opinions with many arguing that the state is going after the wrong person. The latest to add his voice to those saying the government has no case against Ato Forson is Bright Simons.
Referencing a 2022 comment by Assin Central MP, Kennedy Agyapong who argued that it was wrong to prosecute Ato Forson for causing financial loss to the state, Bright Simons said the person who issues a letter of credit is not a party to the transaction but a guarantor.
Bright Simons tagged the Kennedy Agyapong statement which was published on Ghanaweb:
“I do not agree with the case against Ato Forson. Yes, the truth will kill me because if you say that someone is Minister of Finance and a different ministry presents him with his contract to establish an LC (Letter of Credit) and you say this now, then current ministers who praise this should be careful,” Kennedy Agyapong said in March 2022.
“In principle, if you tell me that Ato Forson is causing financial loss to the state because he established an LC for a ministry, it is not his responsibility to verify whether the goods were delivered or not. It is the responsibility of that particular ministry for which he created the LC to verify, then if that is the only basis to accuse him of causing financial loss to the state, I do not agree,” Kennedy Agyapong stated.
“When that happens, the ministers will not be empowered to sign any agreement again because they will follow the example of Ato Forson’s case. Personally, I have always had problems with the accusation of causing financial losses to the State, honestly,” Kennedy Agyapong said on Oman FM.
Bright Simons said he totally agrees with Kennedy Agyapong’s opinion but added that it is even clearer than that.
“I’ve racked my brains for eons & still can’t understand why this fact so obvious to every business person isn’t clear to Ghana’s Attorney General. The case against the Minority Leader in Ghana’s Parliament for authorising an LC is INCOMPETENT. Not just bcos of this MP’s point,” he said, referencing Kennedy Agyapong’s comment.
The IMANI Vice President explained that an LC is a guarantee and does not make the issuer a party to the contract. He argued that if there is a financial loss to the case, the contracting parties should be held responsible not the guarantor. Bright Simons then concluded that the trial was politically motivated and lacks integrity.
“But more importantly because of what an LC is. An LC is not a simple instruction to pay. It is a guarantee to honor or REFUSE payment if CERTAIN CONDITIONS are met/NOT MET. This is a pure political prosecution to muzzle the opposition in Parliament. Luckily, it isn’t working,” he inscribed.
Below are pictures attached by Bright Simons explaining how a letter of credit acts.