The Minority Leader in Ghana’s Parliament, Dr. Cassiel Ato Forson, won today’s Court of Appeal decision. Per Section 173 of Act 30, Dr Forson and Mr Richard Jakpa were acquitted and discharged. This decision represents a major win for the rule of law. Additionally, it highlights the concerning pattern of political persecution within Ghana’s democratic system.
Today, most people consider what was earlier believed to be a fair prosecution to be a politically driven persecution. Duty bearers must be held responsible for their acts but not with malice. This ruling severely curtails Ghanaian political vindictiveness. It safeguards political opponents’ rights and maintains the integrity of the legal system.
For years, Dr. Forson has been embroiled in a high-profile legal battle over his alleged involvement in a questionable ambulance procurement deal during his tenure as a deputy Finance Minister. The prosecution accused him and a representative of a Dubai-based company of causing a staggering €2.37 million financial loss to the state – a charge they vehemently denied.
Today’s 2-1 majority decision by the Court of Appeal has not only vindicated Dr. Forson, but it has also delivered a resounding rebuke to the blatant misuse of state power for political ends.
The court’s ruling that the prosecution failed to establish a prima facie case against the Minority Leader is a resounding victory for justice and a testament to the independence of Ghana’s judiciary.
However, this case is not an isolated incident. It is part of a larger pattern of politically motivated prosecutions and harassment that have become all too common in Ghana’s political arena. This fueled the perception that this was a calculated attempt to silence and discredit a prominent opposition figure.
This trend is deeply troubling, as it undermines the very foundations of Ghana’s democracy. When political opponents are subjected to selective prosecution and intimidation, it creates an environment of fear and uncertainty, where the pursuit of power takes precedence over the rule of law.
The troubling part was that Big Sea Trading LLC has offered to refund €2 million to settle the case against Dr. Ato Forson and two others, who are accused of wrongdoing in the purchase of alleged defective ambulances.
The proposed settlement includes a payment of €500,000 upfront and €1.5 million within 6 months, as well as the release of 30 ambulances to Big Sea, in exchange for discontinuation of the case.
However, the Attorney General’s Office has rejected the offer. As a result, Ghana will forfeit the potential €2 million refund, which could have been a financial gain for the country.
The acquittal of Dr. Forson should serve as a wake-up call for all those who cherish Ghana’s democratic progress. It is a stark reminder that the country must remain vigilant in protecting the independence of its institutions, ensuring that the judiciary is shielded from political interference and that the principles of due process and equal justice under the law are upheld without exception.
Going forward, it is imperative that the government and the ruling party heed the lessons of this case and recommit themselves to the promotion of a political culture that respects the rights of all citizens, regardless of their political affiliations. Only then can Ghana truly fulfill its potential as a beacon of democracy in West Africa and beyond.
The acquittal of Dr. Cassiel Ato Forson is a triumph for justice, but it also highlights the urgent need to address the corrosive effects of political persecution in Ghana.
As the country continues its democratic journey, it must prioritise the strengthening of its institutions, the protection of political freedoms, and the pursuit of a truly inclusive and accountable governance system. Only then can Ghana realise its aspirations of becoming a thriving, vibrant democracy that serves the best interests of all its citizens.
Evans Mawunyo Tsikata