Justice Abban to rule on disqualification

Accra, July 23, GNA - Mrs Justice Henrietta Abban would on July 30 give a ruling whether to disqualify herself from sitting on a bail application filed by Tsatsu Tsikata, Former Chief Executive Officer of the Ghana National Petroleum Corporation (GNPC), whom she jailed for five years on June 18.

This came up when Tsikata, who represented himself, notified the Court that he had raised the issue of bias against the Trial Judge. Tsikata was sentenced to five years' imprisonment for wilfully causing financial loss to the State and misapplying public property. Tsikata also alleged that on June 19, 2008 one Kwame Boafo, a young man who had gone to the court to see a friend, overheard Mrs Abban discussing his trial with a Registrar at the Court.

He said in the conservation Mrs Justice Abban intimated that she had jailed the accused and that he could take her wherever he wanted. He said Mrs Abban, who was speaking Twi, said; "me jail no, me jail no". Mr Edward Agyemang Doudu, Principal State Attorney, incensed by Tsikata's allegation, objected to his claims and stated that the same issue of bias against the Trial Judge was raised before Mr Justice K. A. Ofori-Atta for which he stayed proceedings. He argued that if Tsikata wanted to move a new motion, he must do it himself; elect somebody do it for him or the case be adjourned sine die.

Tsikata in response further argued that he could not move the motion when the Trial Judge, who is supposed to hear his bail application, was disqualified from going ahead with it.

"I cannot move that motion when your Lordship is disqualified from sitting on my bail application."

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 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.