Ato Forson, Kwaku Manu tangle over instruct & request meanings
Former deputy minister for Finance Dr Cassiel Ato Forson has debated the the Health Minister Kwaku Agyemang Manu in the meaning of instruct and request in court.
While the health minister says instruct is synonymous to request, but Dr Forson holds a different view.
Although the court is yet to make a determination on on the true meanings of instruct and request, Oxford dictionary synonyms of request are appeal, entreaty, petition, plea, solicitation, supplication and prayer. And, instruct is an order, command, direct, and enjoin.
With their meanings, the Oxford dictionary defines instruct as to tell or order someone to do something, particularly in a formal or official way. In the same vain, request is an act of asking politely or formally for something.
In either ways, the one time Director of Finance at Toyota Ghana, and deputy minister for Interior, Road and Transport in the Kuffour Government, Mr Manu maintains his stances that the phrase “urgently request” in a letter of credit (LC) alleged authored and signed by Dr Forson to the Bank of Ghana (BoG) is synonymous to instructs.
The contention over instruct and request arose when Dr Aziz Bamba, lead counsel for Dr Forson, was cross-examining the Health Minister after his extensive evidence-in-chief yesterday and last week.
Another issue that cropped up during the cross-examination was whether Letters of Credit were payments in themselves.
Thus, the Health Minister had testified that Dr Forson
In view of this, Dr Aziz states that Letters of Credit are not payments in themselves but guarantees or promises of payment upon certain conditions being met, hence they couldn’t constitute payments, as Mr Manu wants the court to believe.
Although Mr Manu agrees with the counsel, added that in the content of the letter written by Dr Ato Forson, he was authorising the Central Bank to make payment under certain conditions. But the counsel adds “and of course, if those conditions are not met, then payment should not be made under the LC” and he said yes.
The third issue that also came up in the Financial and Economic Division of the Accra High Court presided over by Justice Afia Serwah Asare-Botwi was whether Dr Forson at the time signed the letter in his own capacity, as a deputy minister.
Dr. Bamba pointed out to the Mr Manu that subordinates can sign letters under the authority of their superiors, hence the latter mentioned Dr Forson just to link him to case.
Even though Mr Manu denied the assertion, the counsel suggested to him that the former Finance Minister Seth Terkper has confirmed authorising Dr. Forson to sign the letter on his behalf. Hitherto, The Health Minister said he was not aware.
Dr Ato Forson lawmaker for the people of Ajumako-Enyan-Esiam, is being try together with the former Chief Director at the Ministry of Health, Sylvester Anemama and the local representative of Big Sea General Trading, Richard Jakpa for causing financial loss to the Republic of Ghana, abetment of crime and intentionally misapplying public property.
The case is scheduled to continue on Tuesday.
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