Richard Jakpa, the 3rd accused person in the ongoing ambulance trial has filed an application at the Accra High Court praying the court to dismiss the state’s charges against him. In the application made by his counsel Thadeus Sory Esq., of Messrs Sory @ LAW Counsel, Richard Jakpa said the Attorney General, Godfred Dame explained to him that he was only added to the case to mask the real intent.
He also stated in the application that Godfred Dame explained to him that the intention was to persecute Cassiel Ato Forson and that was because President Akufo-Addo and Ken Ofori-Atta wanted the Minority Leader jailed.
“Hon. Dame also explained to me that the first accused’s (Dr. Ato Forson) prosecution had to be undertaken because of pressure from the former Minister for Finance [Dr. Ken Ofori Atta and the President) and assured me repeatedly that I was not the target of the prosecution,” part of the application read.
Richard Jakpa added that the interactions he had with Godfred Dame made him understand that as an agent, he cannot be held liable for the actions of his principal thus, he has no case to answer in court.
“Based on the interaction I had with Hon. Dame, a relationship of trust developed between us because I believed him since as a lawyer and the person who initiated the prosecution, he assured me that as an agent, I am not, in law, liable for my principal’s actions.”
“Very well aware that I now trusted him, Hon. Dame told me that he was informed that during the investigations I had made some documents available to the Economic and Organised Crime Office [EOCO] and asked if I could share more of them with him and I promptly did by forwarding some relevant documents to aid my case to him from my cell phone.”
However, Richard Jakpa said when he applied for no case, the Attorney General filed a submission contesting it. He began to doubt the credibility of Godfred Dame and felt the Attorney General was abusing their trust.
“My first hunch that Hon. Dame may be abusing the trust I reposed in him came when after assuring me that an agent is not liable for the acts of his principal, he [the Attorney-General] filed a submission contesting my submission of no case.”
Richard Jakpa is praying the court to dismiss the case against him because the Attorney General is abusing his right to a fair trial, the court process and his prosecutorial powers as the Attorney General.
“It has become clear to me without a shred of doubt that the charges against me and the instant proceedings are only being pursued by the Attorney-General against me (i) in abuse of the court process as they are not pursued bona fide (ii) abuse of his prosecutorial powers which must be exercised not only in accordance with law but also fairly and reasonably, in good faith, without arbitrariness or caprice (iii) in abuse of my right to a fair trial because my interactions with the Attorney-General and my openness to him by virtue of the trust I reposed in him as a lawyer.”
Richard Jakpa said he wants the court to let him testify orally on oath and explain everything that transpired between him and Godfred Dame. He also requests the court to grant Godfred Dame the same privileges if he desires to testify orally.
“At the hearing of this application, my counsel will pray the court to give me the chance to testify orally on oath and explain the various interactions I have had with the Attorney-General in connection with this case and be cross-examined on my testimony.
“My counsel will also pray the court to give the Attorney-General the chance to testify orally on oath should he wish to challenge my testimony.”
Finally, Richard Jakpa wants the court to strike out the charges and end proceedings against him or stay proceedings against him.
“PLEASE TAKE NOTICE that this honourable Court shall be moved by THADDEUS SORY ESQ., of MESSRS SORY @ LAW Counsel for and on behalf of the Third Accused/Applicant herein praying the Court for an order; i. striking out the charges and accordingly terminating the proceedings against the Third Accused/Applicant or alternatively,
ii. A stay of the proceedings before the Court against the Third Accused/Applicant.”
