Akufo-Addo plots against Tsatsu Tsikata

Information picked up from the Akufo-Addo, Prempeh & Co. Chambers in Adabraka-Accra has revealed a plot to block Tsatsu Tsikata, lawyer for the National Democratic Congress (NDC) from cross-examining Dr. Mahamudu Bawumia, the petitioner’s key witness at the ongoing election 2012 petition at the Supreme Court.

The Herald is informed that the petitioners are desperately planning to raise an objection against Mr. Tsikata on two grounds that he is an ex-convict jailed over criminal offence, and also that since the NDC General Secretary, Johnson Asiedu-Nketia, has also submitted an affidavit on behalf the first respondent, President John Mahama, thus representing two parties, hence the NDC through Tony Lithur cross-examined Dr. Bawumia, albeit indirectly.

Nana Akufo-Addo’s lawyers are also suspicious that Mr. Lithur will cleverly stay away from Mr. Asiedu-Nketia after Mr. Tsikata has led him to testify that the NDC 2012 flagbearer, Mr. Mahama, did not benefit from a stolen verdict to become president since both parties will give what in law is known as a “joint-testimony”.

The petitioners lead lawyer Philip Addison, last Thursday, dropped the hint of the plot, questioning Mr. Tsikata’s locus in asking the Supreme Court to admit James Quashie-Idun’s original “pink sheet” from Electoral Commission (EC) since there could be an issue of “forgery” in the photocopied pink sheet presented to the court by Dr. Bawumia, following disputes that there were some inscriptions on the original document which were missing from those Dr. Bawumia submitted.

Mr. Addison in raising his objection screamed at Mr. Tsikata to wait “if he ever” gets the opportunity to cross-examine Dr. Bawumia.

But some legal experts have argued that Nana Addo’s lawyers’ plot would be a fruitless exercise since the Supreme Court had already been hearing Mr. Tsikata even though it knew he was convicted by the Kufuor administration, hence it will not pluck him off the case.

On the second issue that Mr. Asiedu-Nketia is representing both President Mahama and the NDC, one person who has been very vocal on this particular issue is Lawyer David Annan who has been heard on Accra-based Agoo 103.5 FM, saying the NPP could be crushed in pushing that line of argument since Mr. Asiedu-Nketia was given the power of attorney by President Mahama to represent him in court and give evidence on his behalf.

Mr. Tsatsu who suffered an injustice at the hands of the former President John Agyekum Kufour-led New Patriotic Party (NPP) regime, is considered fearsome in the court processes by the petitioners due to his high knowledge of the law. Impeccable sources within the NPP who prompted The Herald about the plot said it was first hatched when the petitioners wanted to prevent the NDC from filing the Joinder Application to the petition.

Meanwhile, former National Youth Organizer of the NPP, Anthony Abaryifa Karbo, who doubled as an errand boy for Dr. Bawumia, has stated that his boss was not “dumb” and would not be “fooled” to be outwitted by Tsikata’s cross-examination. Karbo’s fears followed some great compliments showered on Tsatsu Tsikata by some leading lawyers, including those within the NPP to the effect that they could not wait for the turn of Mr. Tsikata’s cross-examination.

Lawyer Abraham Amaliba, a member of the NDC’s legal team has also told the Accra-based Okay FM that his soul would be satisfied after listening to Tsikata’s cross-examination.

He said though one might deem it as an outrageous comment to make since most human beings fear death, it is simply a blessing for any practicing lawyer to have the opportunity of studying under the guidance of an outstanding lawyer like Mr. Tsikata.

Lawyer Amaliba asserted that Tsatsu, who is an astute lawyer, has what it takes as a lawyer to punch holes into the evidence submitted by the three petitioners. He said “What excites me most is that whenever Tsatsu makes an attempt to talk in court, the sound of a pin can be clearly heard should someone drop it.

“Even his haters know he is intelligent and it is a foregone conclusion for everyone to wait for him to conduct his cross-examination.

“I was interacting with a colleague of mine and I made it known to him that should I die after I have listened to Tsatsu, I would be glad,” he said.

In June 2008, after a six-year trial, Tsikata was sentenced to five years in prison for willfully causing financial loss to the state of a sum of US$230,000 and misappropriating public property. Tsikata had guaranteed a loan from Caisse Française de Développement to private cocoa producing company, Valley Farms, on behalf of the GNPC. When the company defaulted in 1996, the GNPC, as guarantor, was forced to pay the debt. Valley Farms has been described as a very profitable venture by the International Financial Cooperation (IFC), an affiliate of the World Bank.

In January 2009, Tsikata rejected a pardon by outgoing President Kufuor, saying he would rather clear his own name in court. He was subsequently released by President John Atta Mills days after his inauguration.

In prison, he had suffered severe bouts of asthma, a lifelong ailment which nearly cost him his life and had to be rushed to the Korle-Bu Teaching Hospital from the Nsawam Medium Security Prison.

Many viewed the charges against Tsikata as politically motivated and an attempt by the Kufuor government to tarnish a key member of the opposition. The late President Mills agreed, saying that Tsikata deserved a national award not prison.

Mr. Tsikata holds an LLB first class honours from University of Ghana; Bachelor of Civil Law, first class honours, Oxford University and was Junior Research Fellowship, Corpus Christi College, Oxford University.

He was a law lecturer at University of Ghana Law Faculty, 1974-88; Advisor to Flight Lieutenant Jerry John Rawlings (then Chairman of the Armed Forces Revolutionary Council), 1979 and 1982; Legal Representative, Jerry Rawlings, May 15 uprising treason trial, 1979; Chief Executive Officer, Ghana National Petroleum Corporation (GNPC), 1988-2000; advised Equatorial Guinea on the formation of national oil company GEPetrol; advised Benin on developing the Seme oilfield.

He also provided some expertise on the construction of the FPSO Kwame Nkrumah, the floating production storage and offloading vessel at the Jubilee Oil Fields in the Western Region. This was after years of working tirelessly to enable Ghana find crude oil despite doubts even from within the Rawlings government.

He is also credited with bringing to Ghana, the now famous ECOBANK. Brought Westel an American telecommunication company, which was later sold by the Kufuor administration to Mo Ibrahim’s Zain now called Airtel after it was sold to an Indian investor.