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

The Chief of Defence Staff (CDS) of the Ghana Armed Forces, 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 in the case of the Republic versus Cassiel Ato Forson and two others, was a bad example in the armed forces by all standards.

Lieutenant General Oppong-Peprah was subpoenaed by Richard Jakpa and his lawyers to testify in support of his case. The main bone of contention was Jakpa’s release document from the Ghana Armed Forces (GAF), in which he once served as an officer.

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

To press home his argument, Jakpa and his legal team subpoenaed the army chief to testify on his behalf. 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.

Record keeping … and releasing?

In answers to questions posed by Jakpa’s lawyer, the CDS said that the armed forces are made up of the military and the civilian divisions. He explained 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 said that both his office and that of the chief director answer to the Minister of Defence, who is their boss.

To this end, the Defence Minister 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 before doing so.

After the lawyer for Richard Jakpa led the witness to give his evidence in chief, counsel for Cassiel Ato Forson (the first accused), took his turn to cross-examine the CDS. Once Abdul Basit Bamba concluded his cross-examination, Attorney General Yeboah Dame also cross-examined the CDS, Lieutenant General Oppong-Peprah.

The following transpired between Dame and the CDS:

Question: Please look at exhibit BF3 [the final release letter for 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 Ministry of 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 prevails.

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.

Severe reprimand

The Attorney General also asked the witness to confirm a few statements made by the Minister of 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 on Jakpa, dated October 2007, by Jakpa’s superiors in the military.

The CDS also confirmed, in answer to questions by the Attorney General, that Jakpa had been tried summarily by an Appropriate Superior Authority and reprimanded severely before he was released from the armed forces.

On whether or not Jakpa was released honourably or dishonourably from the military, Attorney General Yeboah Dame posed several questions to the CDS to bring clarity to the claims made by 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.

Attorney General Godfred Yeboah Dame declared in court after this question: “That will be all for the witness.”

Justice Afia Serwaa Asare Botwe subsequently adjourned sitting to Tuesday 30 July 2024 to allow Jakpa to call his next witness.

Reporting by Wilberforce Asare in Accra

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