Dr Anemana, who is currently out of the country for medical treatment, is the second accused person in the trial involving Dr. Cassiel Ato Forson, a former Deputy Minister for Finance and Mr Richard Dzakpa, a Businessman.

They are standing trial for allegedly causing financial loss to the State to the tune of over €2.37 million following the purchase of ambulances.

Dr Forson was granted a self-recognisance bail of GH¢3 million for allegedly wilfully causing financial loss of 2,370,000 euros to the State.

He is also facing an additional charge of “intentionally misapplying public property contrary to section 1 (2) of the Public Property Protection Act, 1977 (SMCD 140)”.

Dr Anemana was also granted a bail of one million Ghana cedis with three sureties one of whom is a public servant not below the rank of a director.

Mr Dzakpa was granted bail of five million Ghana cedis with three sureties one of whom must be justified with documents of landed property.

Richard Gymbiby, a Principal State Attorney, who was led by Mr Godfred Dame, made the intention known to the Court after the wife of Dr Anemana joined proceedings from India, where the husband was receiving treatment to update parities.

She told the Court that the husband was at the theater.

“He can not walk and see currently,” she added.

Justice Afia Serwah Asare Botwe, the Court of Appeal judge, sitting as an additional High Court judge, adjourned the case to enable Mr Dzakpa (A3) to open his defence.

Mr Thomas Obeng, Counsel for A3, told the Court that they intended to call one witness together with the accused person, who would give his evidence orally.

The case has been adjourned to March 12, 2024, for continuation.

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His lawyers made this point when they were called to move his application for the judge, Justice Afia Serwah Asare-Botwe to recuse herself.

The former deputy finance minister, who is accused of causing financial loss to the state, filed the application following the grant of a witness summons he requested from the court.

His lawyers had asked the court to issue witness summons for some of his witnesses including former health minister, Alex Segbefia, as they were facing difficulties in getting them to appear even though they had filed witness statements.

The judge, Justice Afia Serwah Asare-Botwe, before allowing the motion to be moved, inquired why they resorted to a motion compelling the appearance of the witnesses while admonishing the lawyers of Dr Ato Forson of the consequences of issuing an arrest warrant for the witnesses if they fail to appear.

His lawyers led by Dr Bassit Bamba insisted that was the best option due to the difficulty in securing their appearance to testify.

But weeks after this request was granted, lawyers of Dr Ato Forson applied to the court for the judge to recuse herself on grounds that the admonishment by the judge amounted to bias. According to the lawyers, the caution by the judge was not only bias but also portrayed their witnesses as criminals who will willfully disobey a court order.

However, when the case was penned down for determination on Thursday, Dr Bassit Bamba, argued that the Judge does not even have jurisdiction to hear the application on whether she ought to recuse herself for the alleged bias.

He argued that the Judge hearing the matter will amount to her being a judge in her own case.

“The course which we are referring to has to do with certain prejudicial utterances that your ladyship has made in the course of hearing this matter.

“In that regard, your ladyship has become the subject matter of this application, we pray that your ladyship should decline to hear this matter, for this court is differently constituted to hear this application,” Dr Bassit Bamba advanced in court.

He further argued that there is precedence to show that when the allegations involved are of grave bias, it warrants a call for the sitting Judge not to hear the application. In his view, statements of the Judge including a point that his case will be deemed to have been closed if the summoned witnesses do not appear and he does not secure the attendance of any other witnesses is an infringement on his client’s right to fair trial under article 19.

The judge then inquired why the application was filed in the first place if the applicant considered her unfit to hear the application.

Dr Forson’s lawyers also clarified that in their application for witness summons they didn’t claim unwillingness on the part of the witnesses to testify but rather a difficulty in reaching out to the witnesses.

The judge, who disagreed on what the records of proceedings were queried if the witnesses were willing, why did Dr Forson apply for the witness summons.

Justice Afia Serwah Asare-Botwe further inquired if indeed the difficulty was just in reaching out to the witnesses, how was a witness summon going to help reach them.

Attorney General, Godfred Yeboah Dame, described the application as unmeritorious.

He argued that it is a settled position in law that a Judge who bias has been alleged against has jurisdiction to hear the matter.

He further argued that the court has not in any way shown bias and all orders made are within the powers of the court.

Justice Afia Serwah Asare-Botwe has adjourned the case to October 12 to deliver her ruling on both the objection to her jurisdiction to hear the matter and the substantive application for her to recuse herself.

Meanwhile, an application by Dr Forson for his passport to be released to him was not heard as the Judge was of the view that her capacity to hear the application will be based on the ruling to be delivered in October.

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Mr Jakpa is standing trial alongside Minority Leader, Dr Cassiel Ato Forson, and former Chief Director at the Ministry of Health, Seth Anemana.

Justice Botwe, who is a Court of Appeal judge, is handling the case as an additional High Court Judge.

It is unclear at this stage what specifically Mr Jakpa’s concern is except that the Judge did indicate that he has levelled allegations of bias against her.

It will be recalled that Mr Jakpa clashed with the judge on June 20, 2023.

This was after Justice Botwe had described his conduct as disrespectful serving notice she will not tolerate any such disrespect.

The judge has, therefore, put the trial on hold to await the decision of the Chief Justice on the petition.

Joynews is learning the Minority Leader, Dr Cassiel Ato Forson, has also filed a motion at the court asking that the judge recuses herself.

Sources say this is related to a warning the judge had issued during the trial about closing the case of the accused persons or causing the arrest of their witnesses who fail to show up.

The judge on June 22 issued summons for various witnesses identified by the Minority Leader.

Dr Forson is standing trial alongside the two others for their alleged roles in the purchase of ambulances which the state contends resulted in a more than €2m loss.

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