Acquit my client - Counsel

Accra, July 29, GNA - Professor Emmanuel Victor Oware Dankwa, counsel for Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Company, on Tuesday prayed the Court of Appeal to acquit his client.

Making his submissions at the court in support of an application of no case, Prof. Dankwa stated that at the close of its case at the Fast Track High Court, the prosecution failed to establish a case against his client.


He submitted that the law did not require his client to open his defence as demanded by the prosecution, and therefore prayed the court to quash an earlier order by the Fast Track High Court asking him to open his defence.


Tsikata is charged with four counts of wilfully causing financial loss to the State and intentionally misapplying public property. He has denied all the charges and is currently on bail.


On March 28 this year, Mrs Justice Henrietta Abban, Appeal Court Judge with an additional responsibility for the case as a High Court Judge, overruled the submission of "no case" made on behalf of Tsikata by his counsel.


In his 13-point grounds for the appeal, Prof. Dankwa told the court that the trial judge erred in law in over-ruling the submission of no case without providing reasons.


Counsel stated further that the trial judge erred in law in disregarding pertinent legal and constitutional issues raised before her.

Prof. Dankwa also submitted that the trial judge erred in law in calling Tsikata to open his defence when it was clear from the evidence adduced by the prosecution that none of the ingredients of the alleged offences had been established.


Prof. Dankwa submitted that his client had to be acquitted on the first three counts because they are founded on acts that at the time they were done, did not constitute a criminal offence and thus offended Article 19 (5) of the Constitution.


The provision under that section stipulates that "a person shall not be charged with or held to be guilty of a criminal offence, which is founded on an act or omission that did not at the time it took place constitute an offence".


Prof Dankwa submitted that, while the amendment of the relevant section of the Criminal Code came into effect in July 1993, the guarantee was authorised in June 1990 and signed in March 1991.


Counsel explained that it was for this reason that in the trial of his client earlier in March 2002, Mr Justice Julius Ansah, on the same facts, dismissed the charge, holding that it was unconstitutional.


Touching on "financial loss", Prof. Dankwa submitted that there was no evidence of "wilful action or omission" on the part of his client through which the state incurred a financial loss.

Counsel stated that no evidence was even led on any "financial loss", resulting to GNPC, much less the State, from the investment in the Valley Farms project.


Rather, he said, the evidence from the prosecution showed a clear intent on the part of Tsikata to create gain.


Prof. Dankwa submitted that in his evidence in chief, Mr Jim Wilson, former Managing Director of Valley Farms Company, stated that he invested his own pension to the tune of 200 million cedis in the project. Mr Wilson added, during cross-examination that the future of the project was "very bright".


Counsel would continue his submissions on Thursday, July 31, after which the prosecution led by Mr Osafo Sampong, Director of Public Prosecutions, would respond.


The three-member panel of the Court of Appeal hearing the appeal is made up of Mr Justice F. T. Lartey (presiding) with Mr Justice Steve Farkye and Mr Justice J. C. Amonoo-Monney as members.