Richard Jakpa was a bad example in the military by all standards – CDS tells court

The Chief of Defense Staff of the Ghana Armed Forces (GAF), Lieutenant General Thomas Oppong-Peprah has confirmed to the Financial and Economic Division of the High Court presided over by Justice Afia Serwaa Asare Botwe that Richard Jakpa, the third accused person in the case of the Republic versus Cassiel Ato Forson and two others, was a bad example in the Ghana Armed Forces by all standards.

Lieutenant General Thomas Oppong-Peprah was subpoenaed by Richard Jakpa and his lawyers to testify in support of his case. The main bone of contention bordered on Mr Richard Jakpa’s release document from the Ghana Armed Forces where he once served as an officer.

The release document tendered into evidence by the Attorney-General, Godfred Yeboah Dame, indicated that Mr Jakpa was dishonourably released from the military as a result of gross indiscipline and misconduct. Mr Jakpa however contended that he was not released from the military on grounds of misconduct but he was released honourably.

To press home his contention, Mr Jakpa and his lawyers subpoenaed the army chief to testify on his behalf. Mr Jakpa’s lawyer, Thaddeus Sory, among others, sought to establish in court that the document tendered into evidence by the Attorney General, was not properly obtained from the office of the Chief of Defence Staff (CDS).

The CDS in his answers to questions posed by Mr Jakpa’s lawyer, noted that the Armed Forces is made up of the Military Division and the Civilian Division. He stated that he is in charge of the military wing of the Ghana Armed Forces and the Chief Director of the Ministry of Defence is in charge of the administrative or civilian wing of the GAF. He further stated that both his office and that of the Chief Director are answerable to the Minister of Defence. They both answer to the Minister for Defence who is their boss.

To this end, the Minister of Defence can release a document to another public officer such as the Minister of Justice and Attorney-General and the Minister would not necessarily have to consult the office of the Chief of Defence Staff (CDS) before doing so.

After the lawyer for Richard Jakpa led the witness to give his evidence in chief, the lawyer for Cassiel Ato Forson took his turn to cross-examine the CDS. After Abdul Bassit Bamba concluded his cross-examination, the Attorney General, Godfred Yeboah Dame also cross-examined the CDS, Lieutenant General Thomas Oppong-Peprah.

The following transpired between Mr. Dame and the Chief of Defence Staff:

Question: Please look at exhibit BF3 (final release letter of Jakpa), you see that it is copied to MOD. What is MOD?

Answer: Ministry of Defence.

Question: Ministry of Defence has records of all military officers in Ghana?
Answer: Yes

Question: The Minister for Defence, you stated earlier on, is the supervisory ministry of the Ghana Armed Forces, is that correct?

Answer: Yes

Question: And the Minister for Defence is the head of the MOD.

Answer: Yes

Question: And indeed, you answer to the Minister for Defence

Answer: Yes

Question: Does the Minister consult you in releasing a document to another public officer?

Answer: He exercises the right to copy me or not.

Question: And that is what normally entails.

Answer: I won’t say it is normal but he can do that.

Question: Will you consider it to be a breach of rule or procedure if the Minister releases a document to the AG?

Answer. No, please.

The Attorney-General also asked the witness to confirm a few statements made by the Minister for Defence in his letter to the Attorney-General.
The witness confirmed that the statement by the Minister for Defence that Jakpa had failed his examinations on seven consecutive attempts had already been captured in a report by Jakpa’s superiors in the Military on Jakpa dated October, 2007.

The Chief of Defence Staff also confirmed in answer to questions by the Attorney-General, that Mr. Jakpa had been tried summary by an Appropriate Superior Authority (ASA) and severely reprimanded before he was released from the Armed Forces.

On whether or not Mr Jakpa was released honourably or dishonourably from the military, Godfred Yeboah Dame, the Attorney General posed several questions to the Chief of Defence Staff to bring clarity to the claims of Mr Richard Jakpa and his lawyers.

Question: From all the factors and circumstances regarding his release would you say Mr Jakpa was honourably released?

Answer: As per the documents on record I would say he was not honourably released.

Question: You will note that he was not placed on the retired list.

Answer: Yes

Question: And he is also not permitted to use his rank in civil life.

Answer: Yes

Question: If he was honourably released, he would have been entitled to these things?

Answer: Yes

Question: Prior to his release, there were several interviews?

Answer: From the record yes

Question: And there was a special report prepared on Mr. Jakpa?

Answer: Per the records, yes

Question: The report is dated May 2004

Answer: Yes

Question: And this was three years before he was released from the Armed Forces?

Answer: From the record, yes.

Question: The report says his conduct was not only unacceptable but smacks of indiscipline?

Answer: From the record, yes

Question: It is correct to say the GAF did not require the continued service of Mr Jakpa?

Answer: From the records, yes

Question: Do you know Mr Jakpa personally?

Answer: Yes

Question: He worked under you?

Answer: Yes, briefly for about three months.

The Attorney General, Godfred Yeboah Dame after this question indicated in court that “that will be all for the witness.” Justice Afia Serwaa Asare Botwe subsequently adjourned the sitting to Tuesday, 30 July 2024, for Mr Richard Jakpa to call his next witness.

Reporting by Wilberforce Asare in Accra

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