President of IMANI Africa, Franklin Cudjoe opined that the Attorney General should be arrested and processed before court for his missteps in the ongoing ambulance trial.
Reacting to the recorded phone calls between the Minister of Justice and Richard Jakpa, a third accused in the Ambulance trial, Franklin Cudjoe said Dame was guilty of misconduct and should be arrested.
Based on the published conversation between Godfred Dame and Richard Jakpa, Cassiel Ato Forson, the first accused applied for a mistrial while the third accused applied for a discontinuation of prosecution or stay of proceeding. However, their applications were dismissed by the Accra High Court.
The presiding judge, Justice Afia Serwah Asare-Botwe, however, advised the Attorney-General to recuse himself from the prosecution while adding that it was not a position of “right or wrong” on his conduct.
“I am of the considered view that it would be prudent that the Attorney-General be strongly advised to not be directly or personally involved in the further prosecution of this case. This is not in any way, shape, or form making a value judgment on whether the Attorney-General was right or wrong in holding a conversation bordering on what was a live case in court with an accused person he was [personally] prosecuting.
“But I am of the respectful view that this [(recusing himself)] is one way of ensuring that the judicial process is protected and to gain public confidence, such that it may not be the perception that cases can be dealt with in any other place than in the courtroom,” Justice Afia Serwah Asare-Botwe said.
Following the court’s decision, many have asked questions which have not been answered yet. Among the top questions that have kept Ghanaians engaged are:
If the AG didn’t violate any code and ethics why would her Ladyship strongly advise him to recuse himself?
Why was the recorded tape admitted into evidence if it supposedly had no impact on the case?
Commenting on the matter, Franklin Cudjoe said Godfred Dame would have been arrested and processed before the court if it was in any country where the laws were on the side of the people.
“In any serious jurisdiction the AG should have been arrested and processed before the courts. The judge was wrong in my view with her conclusion”.
He added that the Judge’s advice to Godfred Dame to recuse himself is significant enough to say the misconduct is substantial.
“It is also important to acknowledge the fact that the Judge asked the AG to recuse himself given how he misconduct himself.”
