Private legal practitioner, Martin Kpebu has said that the prosecutorial powers of the Attorney-General (AG) and Minister of Justice, Godfred Yeboah Dame, cannot be injuncted as a principle of law.

He clarified that this could change if any misconduct occurs in the ongoing ambulance purchase trial and the alleged tape involving the conversation between Mr Dame and the third accused, Richard Jakpa.

Speaking on Top Story on Tuesday, Mr Kpebu explained that if the court finds the alleged tape to be authentic and true, it could grant an order of stay of proceeding.

“And the stay of proceeding is stopping the whole trial so I don’t think much depends on the word injunction. Everything sense on whether he said those things or not.

“..One of the remedies for failure to disclose this prosecutorial misconduct is the stay of proceedings. So that is effectively what a court will grant if the charges are made out - that is to say, the infractions that we all heard in the tape," he said.

Mr Kpebu reiterated that if the evidence, in the alleged tape conversation is deemed credible, the court is likely to stop the trial.

He added that the issues of authenticity of the tape and not being doctored will be the standard to meet before it is admitted in court.

Meanwhile, Richard Jakpa, the third accused person in the ongoing ambulance case, has challenged the Attorney-General and Minister for Justice, Godfred Yeboah Dame, to appear in court and refute the allegations he has made against him. 

Mr Jakpa has accused Mr Dame of witness tampering and fabricating evidence, claims which are detailed in a phone conversation that has been publicised.

Read also: Show up in court and refute the allegations against you – Jakpa dares AG

Mr Jakpa insists that the case should be tried in court, not in the public sphere, and is calling on the Attorney-General to present his evidence to support his assertions in court.

But the Attorney-General has spoken publicly over accusations that he's engaged in witness tampering and fabrication of evidence in the ongoing ambulance procurement trial.

Speaking to journalists after Tuesday's hearing on the ambulance procurement trial, Mr Dame stated that despite the traps being set against him by his adversaries, he is confident he will ultimately prevail. 

Read also: I’ll flee from the wicked, righteousness will prevail – Godfred Dame

He emphasised his unwavering commitment to his duties and asserted that he would not be intimidated by these challenges.

Background

Richard Jakpa, the third accused in the ambulance purchase trial, has alleged that Attorney-General Godfred Yeboah Dame previously approached him to help build a case against Minority Leader and former Deputy Finance Minister, Dr. Cassiel Ato Forson in the case.

Under cross-examination by counsel for the Minority Leader, Jakpa was cautioned by the trial judge, Justice Afia Serwah Asare-Botwe to be direct in his responses and avoid wasting the time of the court.

In response to the judge's caution, Attorney-General Yeboah Dame accused Jakpa of defending the Minority Leader.

This accusation prompted Mr Jakpa to retort that the Attorney-General seemed aggrieved because he had previously failed to get him (Jakpa) to help the state build a case against Dr. Ato Forson.

“The A-G has on several occasions engaged me at odd hours to help him make a case against A1 and I have evidence for that.. If he pushes me, I will open the Pandora’s box. I don’t understand why the A-G will accuse me of defending A1 when I’m here to defend myself,” Mr Jakpa said in court.

“If he pushes me, I’ll open the Pandora’s box. I have evidence to all this,” he added.

To calm things down, Justice Serwah Asare-Botwe ordered Richard Jakpa to lower his voice and asked for water to be brought to him.

Mr Jakpa however refused to drink the water, stating he was too upset to drink despite accepting the bottle of water.

The judge then stood down the case for a while and called the Attorney-General and Dr Ato Forson's lawyers for a discussion.

The former Deputy Finance Minister and two others are on trial for counts of causing financial loss to the state over the importation of 30 ambulances.

These were part of a contract between the Ministry of Health and Dubai-based firm, Big Sea Limited in 2012 for the purchase of 200 ambulances.