The former Chief Executive of the Ghana National Petroleum Corporation (GNPC) Tsatsu Tsikata dared the Attorney General for round two at the Supreme Court when he appeared before an Accra High Court on Friday, a day after he won a case against Fast Track courts. He was charged with wilfully causing financial loss to the State. Before his plea could be taken, his counsel, Professor Emmanuel Victor Oware Dankwah, raised a preliminary objection that the charge brought against his client was unconstitutional and asked that the matter be referred to the Supreme Court.
He said the act committed by his client was not an offence since it was committed in February 1993, whereas the law under which his client was purported charged came into effect in July that year. Mr Dankwah said Article 19 clause five of the Constitution states 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."
The Director of Public Prosecutions (DPP), Mr Osafo Sampong, who was being led by Ms Gloria Akuffo, Deputy Attorney-General in reaction said the charge was constitutional and that it was not relevant to refer it to the Supreme Court for determination as the High could determine it.
After hearing submissions from both sides, Mr. Justice Julius Ansah, an Appeal Court Judge sitting on the case as an additional High Court Judge, said the court would take time to look into the matter. He, therefore, granted Tsatsu a self re-cognisance bail in the sum of 500 million cedis to re-appear on March 5.
The facts of the case were that the forensic audit ordered by government found that Tsatsu had circumvented laid down corporate objectives of the GNPC. He allegedly by passed the board of directors of the corporation and committed GNPC to guarantee a loan of 5.5 million CFA French francs and 1.4 million French Francs with interest inclusive.
The loan was contracted from Caisse Francaise de Developpement, a French financial institution and given to Valley Farm, a cocoa growing company, of which GNPC owned 17.39 per cent equity shares, to rehabilitate some cocoa farms at Asin Manso in the Central Region and Nyakoman in the Western Region.
When Valley farm went distressed and defaulted in paying the loan, Tsatsu, without prior approval of the GNPC board of directors, was compelled to pay the loan as well as the interest totalling 6,919,123 French francs out of GNPC operational funds.
Tsatsu was arraigned before the High Court after challenging the constitutionality of the fast track courts.
