Court dismisses Tsikata's appeal

... and says IFC can't testify
Accra, July 18, GNA - An Appeal Court on Tuesday dismissed a motion filed by Tsatsu Tsikata, a former Chief Executive of the Ghana National Petroleum Corporation (GNPC), asking it to compel a Fast Track High Court trying him to order the International Finance Corporation (IFC) to testify in the "Republic versus Tsikata" case before it.

In addition, Tsikata was asking that IFC produced documents in its custody, in respect of the funding of studies conducted on the Valley Farms Project and in respect of the results of the studies. The three-member panel chaired by Mr Justice S.Y. Anim stated:


"This Court finds no merit in the application."


The Court noted that the appellant made the application for the IFC to be served, or its Counsel to appear before the Court, because the IFC was not immune from legal process, but this was wrong. The Court noted further: "It would not be in the IFC's interest in what is going on, since it is not a party to it."


It said all orders cited in the motion, applied to civil suit and not criminal proceedings.


The decision was unanimous.

The other panel members were Mr Justice K. Tweneboa-Kodua and Mr Justice Frances Kusi-Appiah.


Mr Joe Ghartey, Attorney-General, represented the Republic, while Major Rowland S. Agbenato (rtd), filed the motion on behalf of the appellant.


Immediately after the ruling, Counsel for the appellant declared his intention to pursue the matter.


The Appeal Court adjourned the case to July 24, this year to enable the two parties to argue on the substantive appeal before it. Tsikata is seeking a relief from the Appeal Court, to set aside a decision of the trial Court, presided over by Mrs Henrietta Abban, an Appeal Court Judge, with additional responsibility as a High Court Judge.


Tsikata's grounds for the motion were that the Trial Judge, at the lower court (FTC) erred in failing to recognise and enforce his fundamental human rights as expressed in clear language in Article 19 (2) (g) of the 1992 Constitution.