The Communications Director of the opposition NDC, Sammy Gyamfi, says by delegating his right of deposition to the affidavit in opposition to a Principal State attorney, the Attorney General, Godfred Yeboah Dame is subtly avoiding swearing under oath.

This, according to him, is due to the consequences Mr Dame will face if found to be lying to the court.

• Read also: Dame’s decision not to swear affidavit in Jakpa’s motion himself gives credence to alleged tape – Sammy Gyamfi

Last week, some had described the AG’s decision not to respond to Richard Jakpa’s allegations at the time they were levelled in open court as a strategy, stressing that the AG will address the claims at the right time. However, that did not happen on Tuesday, June 4.

Addressing journalists at the court complex after Tuesday’s proceedings, Sammy Gyamfi questioned the motive behind the AG’s refusal to speak for himself.

"Why can't Godfred Dame speak for himself? Why can't he swear an affidavit and oppose the allegations made against him by the accused person? So clearly, this is somebody who knows that there will be consequences if he swears an oath and lies under oath. So he is shifting the responsibility to a Principal State Attorney," Mr. Gyamfi stressed.

• Read also: Ato Forson files application for mistrial in ambulance procurement case

However, Private Legal Practitioner Martin Luther Kpebu said it is within the right of the Attorney General to cede his right of deposition to someone else.

"Godfred Dame can say anybody should do it for him but what it does is that it weakens Godfred's case and that is what Sammy Gyamfi is saying, that Godfred should have confronted Jakpa through the affidavit in opposition.

"But the fact that Godfred is running away further shows that the content of the tape are true".

• Read also: Attorney-General files opposition to application to probe ‘his conduct’

Meanwhile, the rulings on the various applications in relation to the ambulance procurement trial are expected on Thursday, June 6.

Background

The High Court hearing the criminal case in which the Minority Leader and a businessman are standing trial for allegedly causing financial loss of € 2.37 million to the state has fixed Thursday June 6, 2024 to rule on four applications filed by the accused persons. 

The applications are an order of enquiry into the conduct of the Attorney-General following the allegations made by Richard Jakpa to the effect that the A-G has been calling him at odd hours; an order of mistrial with the aim of terminating the case; a stay of proceedings until the application is determined; and a motion asking the court to strike out charges against the businessman. 

The Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson filed three of the motions while the last one was filed by the businessman.

When the case was called on Tuesday, the court presided over by Justice Afia Serwah Asare-Botwe, said she would make a determination based on the arguments canvassed in the legal documents filed for and in opposition to the motions.