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Ambulance case: Govt breached contract clause on LCs – Jakpa tells court 

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The businessman accused of causing financial loss of €2.37 million to the state in an ambulance deal with the Minority Leader, Dr Cassiel Ato Forson, has told the trial court that government breached certain clauses of the contract agreement in the establishment of the letters of credit (LC). 

Under cross-examination of the Attorney-General, Richard Jakpa explained that the government breached clause 5.1 when it established the LC direct to Big Sea and paid directly to Big Sea instead of his company, Jakpa at Business. 

As a result, he said, “Jakpa at Business is not responsible for any financial loss caused to the state. It wasn’t the duty of government to have raised LC direct to the principal (Big Sea) in breach of this clause”. 

Mr Jakpa, who had previously told the court that his company stopped dealing with the government after signing the contract agreement, added that following the breach, he commenced a civil suit leading to the Commercial Division of the High Court ruling that henceforth, “all LCs should be established in the name of Jakpa and the court was surprised how government was able to establish the LC in the name of Big Sea”. 

Again, answering questions on whether a 28.7 per cent of the amount paid under the transaction went to Jakpa at Business, he said, “I know it’s 28 but I don’t know the nominal figure”. 

Meanwhile the seal on the letter requesting the establishment of the LCs became a subject matter of cross-examination today. 

The Deputy Attorney-General, Alfred Tuah-Yeboah, who started the cross-examination today, asked Jakpa to identify from the letter the designation of the Minister on the seal.

The Deputy A-G asked, “On the right, the first alphabet after Honorable, reads deputy minister finance.

However, Jakpa said the writing was not legible. 

“In fact what you see there is Hon. Deputy Minister of Finance,” Mr Tuah-Yeboah asked. 

However, Jakpa insisted he could not see adding: “The first alphabet I see is D”. 

Additionally, the Mr Tuah-Yeboah endered into evidence a letter supposedly written to dismissed Jakpa’s from the Ghana Armed Forces (GAF).

The letter included allegations of misconduct and breach of military protocols leading to his dismissal. 

His lawyers had objected to the tendering of the letter but presiding judge, Justice Afia Serwah Asare-Botwe admitted the document into evidence. 

She said the witness had already acknowledged the document being tendered and has already said he can speak to it. 

She added that the covering letters were official documents and will be admitted to prove credibility or otherwise.

Source:Graphic.com.gh

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