The Court of Appeal has overturned a ruling by the High Court, which had previously compelled Dr. Cassiel Ato Forson and Richard Jakpa to open their defense in the €3.2 million ambulance case. The appellate court found that the High Court, under Justice Afia Serwah Asare-Botwe, had erred in its decision.

The High Court had earlier mandated Forson and Jakpa to present their defense against allegations of financial misconduct and misapplication of public property.

However, the Court of Appeal ruled that this directive was incorrect, as the prosecution had not sufficiently established a case warranting a defense.

The Court of Appeal’s decision, delivered in a 2-1 majority ruling, found that the evidence presented by the prosecution was inadequate and based on speculation rather than concrete proof.

Justices Kweku Tawiah Ackah-Boafo and Philip Bright Mensah, who formed the majority, concluded that the prosecution failed to link the evidence directly to the accused, rendering the High Court’s order to open a defense unjustified.

The panel found that the prosecution’s case was fundamentally flawed, failing to present sufficient evidence to warrant further defense.

Justice Kweku Tawiah Ackah-Boafo, delivering the majority opinion, ruled that the prosecution’s evidence was based on conjecture rather than concrete proof.

He criticized the prosecution for not establishing a direct connection between the evidence and the accused’s actions.

Justice Philip Bright Mensah supported this view, highlighting that any financial issues related to the ambulances were attributable to the Ministry of Health’s failure to perform necessary pre-inspections, rather than any wrongdoing by the accused.

Justice Alex Poku Acheampong dissented, arguing that the High Court’s decision to compel the accused to open their defense was correct.

Despite his dissent, the majority opinion prevailed, leading to the acquittal and discharge of Forson and Jakpa.

Dr. Cassiel Ato Forson, represented by Dr. Abdul Basit Bamba and Edudzi Tamekloe, and Richard Jakpa, represented by Thaddeus Sory and Baffour Gyau Bonsu Ashia, are now cleared of all charges.

The Court of Appeal’s ruling nullifies the High Court’s earlier order, marking a decisive end to the case.

This ruling highlights the Court of Appeal’s assessment that the prosecution’s case lacked sufficient grounds to proceed to a defense phase, thus resolving the case in favor of the accused.