The ongoing trial involving Richard Jakpa, a businessman and the third accused (A3) in the high-profile ambulance case, has seen an escalation of tension between Jakpa and Ghana’s Attorney-General, Godfred Yeboah Dame.
The latest issue hinges on Jakpa’s military service record, which remains a contentious point in the courtroom.
Jakpa’s legal team argues that he was discharged from the military due to lack of application or interest in the military, as confirmed by Lieutenant General Thomas Oppong-Peprah, the Chief of Defence Staff (CDS).
Thaddeus Sory, lead counsel for A3, while leading the CDS who has been subpoenaed to testify in the €2.37million ambulance case, told the Accra High Court, presided over by justice of the Court of Appeal, Afia Serwah Asare Botwe, on Monday, July 29, 2024, that the military should provide reasons applicable to each case for his release from the army.
According to him, reasons for release from the army are misconduct, inefficiency, medically unfit, but in all these, it is only medically unfit that a release will describe as honourable.
He added that A3 was released under item 2, inefficiency, which mentioned continued lack of application and interest.
Mr. Sory stated this by posing a question to the CDS that, “apart from item 3 (medically unfit), to which the notation honourably released is applicable, can you find honourably release to any of the items?” and the subpoenaed witness answered in the negative.
Even though the defence counsel stated the grounds provided by the Minister for Defence for the release of A3 from the Army are different from that of the military, the subpoenaed witness said the Defence minister had said he was providing more details to confirm why Lt. Jakpa was released from the Army.
The CDS, who was dragged before the court in respect of some documents that were tendered in court, disclosing why A3’s service was terminated by the Ghana Armed Forces in 2007.
Mr. Sory told the court that at the last adjourned date, the Military Secretary was asked whether he made available the document to the Minister for Defence, and he confirmed that although he is the custodian of such documents, he didn’t release it to the Minister for Defence.
Counsel posed the same question to the CDS, as to whether he released the said document to the Minister for Defence and Lt Gen. Thomas Oppong-Peprah answered that he also never received any request to release any documents to anybody.
In furtherance of this, the CDS was questioned whether misconduct appeared in the military release letter to A3 and the answer was a definite no.
The A-G also cross-examined the subpoenaed witness, after Dr. Abdul Baasit Aziz Bamba, counsel for Cassiel Baah Ato Forson (A1), a former Deputy Minster Finance and Economic Planning (MoFEP), had taken his turn.
Mr. Dame, in neutralizing the evidence led by A3, asked the witness whether the Minister for Defence is under any obligation to copy him any document that he is releasing to another public officer. And the answer was that the Defence Minister exercises that right to copy the CDS or not.
This response was followed by a question, “Will you consider it to be a breach of rule or procedure if the minister releases a document to the A-G?” The answer was no. My mandate ends with Armed Forces. I have no control over the Minister for Defence.
He then posed the question to the witness that regarding all the factors and circumstances regarding his release, would the CDS say that A3 was released honourably, Lt. Gen. Oppong said “as per the documents on record, I would say he was not honourably released.”
The CDS also confirmed that A3 was not placed on the retired list, as well as refrained from using his rank in civil life.
According to the AG, A3 was released on the grounds of unsatisfactory conduct of failing promotional examines, indiscipline, unprofessional behaviour and indebtedness, which the CDS clarified, based on the record that they amount to misconduct on the part of the Jakpa.
