Fast Track High Court resumes sitting

The Fast Track High Court (FTHC), a division of the High Court, resumes sitting today Tuesday, July 16, following the 6 - 5 review decision of the Supreme Court on June 26.

The Manager of the court, Emmanuel Boadi, said all cases pending before the three established FTHCs had been listed for hearing from that date, beginning with the Quality Grain case involving two former Ministers of State and some high-ranking government officials.

Sittings of the FTHC were held in abeyance following a five-four decision of the Supreme Court declaring it alien to the 1992 Constitution on February 28.

The Supreme Court (SC) by a six-five-majority verdict on Wednesday June 26 reversed its earlier decision on the constitutionality of the FTHC. The court awarded a cost of ?10 million against Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who brought the application, challenging the constitutionality of the FTHC.

Tsikata was arraigned at the FTHC for wilfully causing financial loss of ?2.15 billion to the State.

He allegedly circumvented laid-down corporate objectives of GNPC, when he by-passed the Board and on his own, committed the GNPC to guarantee a loan.

The amount, 5.5 million French Francs was granted by Caise Francaise de Developpement, a French Aid Agency to Valley Farm, a private cocoa-growing company, in which GNPC held initial equity shares of 17.39 per cent.

Distressed, Valley Farm defaulted in the repayment of the loan and without prior approval of the GNPC Board; Tsikata allegedly paid out of its operational funds, the principal amount plus interest, all totalling 6,919,123.23 French Francs.

This action adversely affected the financial status of GNPC, hence a loss to the State.

Tsikata did not plea to the charge and the trial judge, Mr. Justice Julius Ansah entered a plea of not guilty for him and admitted him to a 500 million-cedi self-recognisance bail.

In his application before the Supreme Court Tsikata stated that the FTHC had no jurisdiction to try him.

By a majority of five to four, the Supreme Court on Thursday February 28 granted a motion brought before it by Tsikata, challenging the constitutionality of the FTHC. Five of the judges upheld the action, while four dissented.

The court, however, deferred its reasons for the ruling to Wednesday, March 20.

Tsatsu filed the motion at the Supreme Court on Monday, February 11 seeking constitutional interpretation in respect of the FTHC because in his view the "Constitution in making provision for the administration of justice, does not establish any court known as FTHC." He argued that since the FTHC was not known to the Constitution, it could not try him.

Tsatsu, therefore, prayed the Supreme Court to ensure that on a true and proper interpretation of the Constitution, "any attempt to launch a prosecution in an unconstitutional forum must be prevented through the exercise of the powers of enforcement of the Constitution that are conferred on the Supreme Court."

Reacting to the Supreme Court's ruling on Tsatsu's motion that the FTHC, which was trying him was unconstitutional, Nana Addo Dankwah Akuffo Addo, Minister of Justice and Attorney - General said it had become necessary to try Tsatsu at another court.

Nana Addo said, even though, he respected the Supreme Court's decision, he disagreed with it.

He stated that it was the same Supreme Court that dismissed the appeals of Mallam Isa and Victor Selormey and ordered that their trials should continue at the FTHC.

Nana Akufo-Addo subsequently filed for a review of the verdict, which he won.