Ambulance Case: Sammy Gyamfi disputes some decisions by trial judge

Sammy Gyamfi, National Communications Officer of the National Democratic Congress (NDC), has commended the trial judge for delivering a comprehensive judgment in the ongoing ambulance procurement trial involving Minority Leader Dr. Cassiel Ato Forson and third accused Richard Jakpa.

However, Mr. Gyamfi also expressed concerns over some decisions made by the judge, which he stated the NDC disagrees with.

During an exclusive interview with Joy News on Thursday, June 6, Sammy Gyamfi remarked, “As a student of law and a lawyer interested in the development of the law, I am excited and it is something that we need to encourage. But certain decisions made by the trial judge, in our opinion, were totally wrong because they are not supported by the law and the facts presented before her.”

His comments come after High Court Judge Justice Afia Serwah Asare-Botwe advised Attorney-General and Minister for Justice Godfred Yeboah Dame to recuse himself from the ambulance procurement case, citing allegations of professional and prosecutorial misconduct.

Mr. Dame attempted to explain himself, but the judge maintained her stance.

This decision followed separate applications filed by Dr. Forson and Richard Jakpa. The applications sought various orders, including an inquiry into the Attorney-General's conduct based on Jakpa's claims that the Attorney-General had been contacting him at odd hours. The judge, however, dismissed the demand for an inquiry, stating it had no basis.

Addressing the issue of mistrial, where the judge stated she could not find any law to support the reliefs sought by the applicants, Gyamfi said, “It is one of the things we disagreed with the trial judge on. We believe the court had the jurisdiction and power to order a mistrial or an inquiry into the conduct of the Attorney-General.”

He argued that under Article 140 of the Constitution, the High Court has jurisdiction over all criminal and civil matters unless a specific law expressly limits it. Gyamfi emphasized that the court should ensure these processes are not abused, the rights of the accused are respected, and prosecutions are conducted in good faith.

“The court has the responsibility to ensure that the rights of the accused persons are respected and that the prosecution is done in good faith,” he added.

Sammy Gyamfi stressed that any breach of prosecutorial misconduct by the Attorney-General should be a matter of interest to the court, as the court is there to deliver justice.

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