The Chief of Defence Staff of the Ghana Armed Forces (GAF), Lieutenant General Thomas Oppong-Peprah has confirmed to the Financial and Economic Division of the High Court presided over by Justice Afia Serwaa Asare Botwe that the Minister for Defence has the right to release to a public officer documents relating to a staff of the Ghana Armed Forces.
The CDS in his answers to questions posed by Mr Jakpa’s lawyer who had subpoenaed him, noted that the Armed Forces is made up of the Military Division and the Civilian Division.
The CDS stated that he is in charge of the military wing of the Ghana Armed Forces and the Chief Director of the Ministry of Defence is in charge of the administrative or civilian wing of the GAF.
He further stated that both his office and that of the Chief Director are answerable to the Minister of Defence.
They both answer to the Minister for Defence who is their boss.
To this end, the Minister of Defence can release a document to another public officer such as the Minister of Justice and Attorney-General and the Minister for Defence would not necessarily have to consult the office of the Chief of Defence Staff (CDS) before doing so.
Mr Jakpa and his lawyers led by Thaddeus Sory, had subpoenaed the army chief to testify in support of Mr Jakpa’s case and to prove, among others, that the document tendered in evidence by the Attorney-General, was not properly obtained from the office of the Chief of Defence Staff.
After the lawyer for Richard Jakpa led the witness to give his evidence in chief, the lawyer for Cassiel Ato Forson, Dr Abdul Bassit Bamba took his turn to cross-examine the CDS.
When he concluded his cross-examination, the Attorney General, Godfred Yeboah Dame cross-examined the CDS, Lieutenant General Thomas Oppong-Peprah.
The following transpired between Mr. Dame and the Chief of Defence Staff:
Question: Please look at exhibit BF3 (final release letter of Jakpa), you see that it is copied to MOD.
Answer: Yes, My Lady.
Question: What is MOD?
Answer: Ministry of Defence.
Question: The Ministry of Defence has records of all military officers in Ghana?
Answer: Yes
Question: The Minister for Defence, you stated earlier on, is the supervisory ministry of the Ghana Armed Forces, is that correct?
Answer: Yes
Question: And the Minister for Defence is the head of the Ministry of Defence.
Answer: Yes
Question: And indeed, you answer to the Minister for Defence.
Answer: Yes
Question: Does the Minister consult you before releasing a document to another public officer?
Answer: He exercises the right to copy me or not.
Question: And that is what normally occurs.
Answer: I won’t say it is normal but he can do that.
Question: Will you consider it to be a breach of rule or procedure if the Minister releases a document to the AG?
Answer: No, please.
The CDS further told the court that Richard Jakpa, the third accused person in the case of the Republic versus Cassiel Ato Forson and two others, was a bad example in the Ghana Armed Forces by all standards.
A major bone of contention among the parties in the case bordered on Mr Richard Jakpa’s release document from the Ghana Armed Forces where he once served as an officer.
The release document tendered into evidence by the Attorney-General, Godfred Yeboah Dame, indicated that Mr Jakpa was dishonourably released from the military as a result of gross indiscipline and misconduct. Mr Jakpa however contended when giving evidence, that he was not released from the military on grounds of misconduct but he was released honourably.
On whether or not Mr Jakpa was released honourably or dishonourably from the military, Godfred Yeboah Dame, the Attorney General posed several questions to the Chief of Defence Staff to bring clarity to the claims of Mr Richard Jakpa and his lawyers.
Question: From all the factors and circumstances regarding his release would you say Mr Jakpa was honourably released?
Answer: As per the documents on record I would say he was not honourably released.
Question: You will note that he was not placed on the retired list.
Answer: Yes
Question: And he is also not permitted to use his rank in civil life.
Answer: Yes
Question: If he was honourably released, he would have been entitled to these things?
Answer: Yes
Question: Prior to his release, there were several interviews?
Answer: From the record, yes.
Question: And there was a special report prepared on Mr. Jakpa?
Answer: Per the records, yes
Question: The report is dated May 2004
Answer: Yes
Question: And this was three years before he was released from the Armed Forces?
Answer: From the record, yes.
Question: The report says his conduct was not only unacceptable but smacks of indiscipline?
Answer: From the record, yes
Question: It is correct to say the GAF did not require the continued service of Mr Jakpa?
Answer: From the records, yes
Question: Do you know Mr Jakpa personally?
Answer: Yes
Question: He worked under you?
Answer: Yes, briefly for about three months.
The Attorney-General also asked the witness, Ltd. General Oppong-Peprah, to confirm a few statements contained in the Minister for Defence’s letter to the Attorney-General.
The witness confirmed that the statement by the Minister for Defence that Jakpa had failed his examinations on seven consecutive attempts had already been captured in a report by Jakpa’s superiors in the Military on Jakpa dated October, 2007.
The Chief of Defence Staff also confirmed in answer to questions by the Attorney-General, that Mr. Jakpa had been tried summary by an Appropriate Superior Authority (ASA) and severely reprimanded before he was released from the Armed Forces.
Following the conclusion of cross-examination of the CDS by the Attorney General, Justice Afia Serwaa Asare Botwe adjourned the sitting to Tuesday, 30 July 2024, for Mr Richard Jakpa to call his next witness.
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