The Minister for Health, Kwaku Agyemang-Manu, says he is mesmerised by documents challenging his claim on the 200 ambulances procured by the erstwhile Mahama government to boost the fleet of the Ghana Ambulance Service.
According to him, he was not privy to those contract documents between the Ministry of Health and Big Sea General Trading LLC that the Government of Ghana bears the financial responsibility to clear the medical accessories of the ambulances at the Tema Port.
Prior to the evidence, the Minister said he had thought otherwise, since the wording of the contractual agreement was that the Government of Ghana would facilitate.
He said this under cross-examination by Dr. Abdul Aziz Bamba, lead counsel for former deputy Finance Minister, Dr. Cassiel Ato Forson, and two others who are being tried for causing financial loss to the state in the purchase of some ambulances.
The Health Minister told the Financial Division of the Accra High Court, presided over by Justice Afia Serwaa Asare-Botwe, that he was aware that Big Sea General Trading LLC had shipped the medical accessories of the ambulances into the country.
The Attorney General’s fourth witness admitted to the court that he was not aware of some of the ambulance transaction documents, hence, his amusement.
He also admitted that after the Letter of Credit (LC) was established on August 18, 2014, he never sighted any documents that indicated Dr. Ato Forson authorised payment to be made under the Letter of Credit.
The following are responses from the Minister:
Q. Mr. Health Minister, in the course of your testimony before this court, Exhibit A2 was tendered before this court. Is that correct?
A. That is correct.
Q. And in Exhibit A2 the then Minister indicated that some ambulances have been delivered. Is that correct?
A. That is what the Minister wrote here. My lord, if you permit me, I will like to read paragraph 3. The company so far delivered 30 of the ambulances. My lord, I would not want to believe that this constitutes delivery.
Q. Honourable Minister, you are aware, ain’t you, the ambulance contract, Exhibit B, has provisions on delivery? Please look at clause 6.
A. I have seen clause 6. The supplier shall deliver the goods to the purchaser.
Q. Hon. Minister, are you familiar with the CIF contract?
A. Not very familiar.
Q. I suggest to you that the CIF contract, as confirmed by Clause 6.2, delivery takes place at the course of the arrival of the goods?
A. Yes, but in this case, there were two points of arrival – one in Dubai and one in Accra.
Q. Contrary to the testimony you have just given, the delivery was at CIF Port Tema?
A. That is correct.
Q. Hon. Minster, you are aware that in Exhibit B the ambulance contract the Government of Ghana undertook to perform certain obligations?
A. Yes.
Q. And clause 2 of Exhibit B deals with the terms of payment, is that correct?
A. That is correct.
Q. And by Clause 4 of Exhibit B, the Government of Ghana was to establish LC within 120 days of the signing of the contract. Is that correct?
A. I don’t think that is correct. …speak about upon delivery. They should have paid upon delivery.
Q. Read Clause 4. 2. Bullet 1.
A. Payment should have been done upon delivery. Reading: “payment…upon the signing for every 50 ambulances.”
Q. When was Exhibit B signed?
A. The contract was signed on the December 19, 2014.
Q. To the best of your knowledge, did the Government of Ghana establish the manure stated in clause 4.2.bullet point 1?
A. In my mind, I will say no. In that same bullet, the LC on site of goods shall be established upon the signing of the contract for every 50 ambulances. My lady, the Exhibit B speaks about purchasing brand new 200 ambulances, and so my lady, the contract for every 50, that clause 2 was talking about was never done. And there the LC should not have been established at all.
Q. Will you agree with me that by the Government of Ghana is not complying with Clause 2…to the time frame for setting the LC the Government of Ghana breached Exhibit B?
A. I will like to agree.
Q. Exhibit…Clause 7 provided for shipment of what they have shipped to Ghana, is that correct?
A. Correct.
Q. To the best of your knowledge did the Government of Ghana conduct pre-shipment inspection before the ambulances were shipped to Ghana?
A. No.
Q. In your testimony to the court on June 28, 2022, you stated that my handing over note indicated lack of ambulances, so I become interested and I began searching through files and I interviewed the directors if anything could be done?
A. Correct
Q. The file you search are files relating to these ambulances, is that correct?
A. Correct
Q. Is it one file or series of files?
A. I must say a couple of files.
Q. And the documents that have been tendered through you in the course of this trial are not the full complement of the documents in the couple of files you examined in the ambulance transaction?
A. That is correct. I remember you showed me a document that I did not know of.
Q. Among the documents in the document file was a letter dated December 14, 2016 with the caption of supplying of 200 ambulances and related service, signed by the then Hon minister of health, Alex Segefia. Please have a look at this document and see whether you have sighted this document before?
A. My lady this is the first time I’m seeing it.
