Accra, July 18, GNA - An Accra Fast Track High Court on Friday dismissed a motion filed by Mr. Tsatsu Tsikata, the incarcerated former Chief Executive of the Ghana National Petroleum Corporation (GNPC), on the grounds that a motion of bias pending before the Supreme Court (SC) had not been amended. The court also stated that part of the grounds of appeal by the applicant, which sought to allege bias against Mrs Justice Henrietta Abban, the trial judge, was still pending at the Court of Appeal.
Mr Tsikata had gone to the court to move a motion to enable the court to start a mini trial on the issue of bias against Mrs Justice Abban who sentenced him to five years' imprisonment for wilfully causing financial loss to the State and misapplying public property. Mr Tsikata in his submission said the objective of his affidavit before the SC was to seek the court's order to quash the judgment of June 18, 2008. He said he had not amended the motion before the SC but rather the grounds of appeal.
Mr Tsikata argued that not even the SC could force an applicant to pursue grounds that he did not want to follow. He also said the affidavit filed by the Attorney General (AG) raised another issue which lacked merit. He said the application for bail was entirely different from the issue of bias pending before the court. Mr Joe Ghartey, AG and Minister of Justice, in his submission argued that the claim by Mr Tsikata that he was not bound by the court to pursue a particular ground other than what he (Tsikata) prefers was totally incorrect. He said, even though applicant had filed a motion, that application was mere proposal before the court. Mr. Ghartey further argued that the court's earlier ruling to stay proceedings pending the determination of the motion before the SC still held.
Mr Tsikata was found guilty on three counts of causing financial loss to the State and one count of misapplying public property and jailed five years on each count. The sentences will run concurrently. Tsikata was charged with three counts of wilfully causing financial loss of GH¢ 230,000 (2.3 billion old Ghana cedis) to the State through a loan he, on behalf of GNPC, guaranteed for Valley Farms, a private company, and another count of misapplying public property. He is said to have intentionally misapplied GH¢2,000 (20 million cedis) to acquire shares in Valley Farms. Valley Farm contracted the loan from Caisse Centrale, now Agence Fran=E7aise de D=E9veloppement (ADF), but defaulted in the payment, compelling GNPC as the guarantors, to pay the loan in 1996.
