The Attorney General’s Department wrote to the Health and Finance Ministries urging them to proceed with the execution of the contract for the supply of ambulances with Big Sea LLC of Dubai, according to information provided by the Minister of Health, Kweku Agyeman-Manu.
The AG’s Department requested in a letter to the Ministers of Health and Finance that they carry out the contract because it was “legally enforceable” through the then-Deputy Attorney General, Dr. Dominic Ayini.
Reading extensively from the AG’s letter, Mr. Agyeman Manu revealed that it stated that, in the AG’s opinion, there was no basis for either party’s claim that they may withdraw from the agreement because they were obligated by its terms.
Mr. Agyeman Manu further revealed that the AG had said that if Big Sea filed a lawsuit, it would be “difficult for the government to put up a case” if the government didn’t fulfill its contract responsibilities.
The minister revealed this to Justice Afia Serwaa Asare Botchwey’s Financial and Economic Court in Accra.
The AG reportedly said that after looking through the paperwork provided by Lawyers for Big Sea, he was certain that “all governmental clearances had been secured,” which was necessary for the contract’s execution.
The former Minister of Health, Sherry Aryeetey, wrote back to the AG after receiving the AG’s letter and expressed concern over the absence of a financing agreement between the Ministry of Finance and Stanbic Bank for a loan to pay for the purchase of the 200 ambulances, according to information provided by the Minister of Health to the court.
Asked what transpired after Sherry Aryeetey’s letter, Attorney General Godfred Dame said: “A letter was then addressed by the second accused to the Bank of Ghana asking the establishment of letters of credit in favor of Big Sea.” Mr. Agyeman Manu responded in the affirmative.
The letter asking for the LC was written “without recourse to the Ministry of Health,” according to Mr. Agyeman-Manu.
He further informed the court that the Controller and Accountant General received a second letter around four days later approving the transfer of GHS 806,688.75 to the Ministry of Health as payment for the creation of the letters of credit and other associated costs.
He claimed that after paying Big Sea, the then-minister of health directed the National Ambulance Service’s chief executive to inspect the ambulances that had been imported.
According to him, the Ambulance Service’s inspection found various flaws, which the Ministry brought to Big Sea’s attention.
He claimed that Big Sea responded in writing acknowledging the flaws and expressing their desire to fix them.
`In relation to the importation of 30 ambulances that were a portion of a consignment of 200 under a contract signed between the Ministry of Health and Dubai-based company, Big Sea Limited, in 2012, Dr. Cassiel Ato Forson, a former deputy minister of finance, Dr. Sylvester Anemana, a former chief director of the ministry of health, and businessman Richard Jakpa have all been charged with causing financial loss to the state.