Ambulance case: Strike out charges against our client – Lawyers of Jakpa to Court
Lawyers of businessman Richard Jakpa led by Thaddeus Sory have filed an application at the High Court demanding that charges against their client be struck out.
Consequent to the above, they also want the ongoing proceedings terminate following
allegations of abuse of process by the Attorney General Godfred Yeboah Dame, the initiator of the criminal proceedings.
The application filed on Thursday, May 30, 2024, also seeks a stay of the proceedings before the Court against the Third Accused.
The Application states that; “Please take notice that this honourable Court shall be moved by Thaddeus Sory Esq., of Messrs Sory @ LAW Counsel for and on behalf of the Third Accused.”
The Applicant (Mr Jakpa) is praying the Court for an order; “striking out the charges and accordingly terminating the proceedings against the Third Accused/ Applicant or alternatively,”
He is also praying for “a stay of the proceedings before the Court against the Third Accused /Applicant.”
The application filed by lawyers of Jakpa was premised on four main grounds as follow;
i. The Attorney-General at whose instance the Third Accused/Applicant is being prosecuted in the instant suit has brought the charges and instituted the proceedings in abuse of the process of the court and contrary to his constitutional obligations under articles 23 and 296 of the 1992 Constitution.
il. The Attorney-General at whose instance the Third Accused / Applicant is being prosecuted in the instant suit has brought the charges and instituted the proceedings in abuse of his [the Attorney-General’s] prosecutorial powers contrary to his constitutional obligations under articles 23, 88(3) and 296 of the 1992 Constitution.
iii. In engagements with the Third Accused/Applicant the Attorney- General has admitted that there is no case against the Third Accused/Applicant.
iv. The continued prosecution of the Third Accused/Applicant violates the Third Accused/ Applicant’s right to a fair trial.
The returned date for hearing of the application is June 4, 2024.
Attorney General Godfred Dane has come under immense scrutiny after the businessman accused him of coercing him to implicate the minority Dr Cassiel Ato Forson.
Subsequently, the National Democratic Congress, held a press conference where an alleged audio of a private conversation between him and the third accused was released.
Meanwhile, Dr Forson and his lawyers have also filed a petition to the Chief Justice requesting for a live telecast of subsequent proceedings.
