Supreme Court quashes Tsikata's certiorari

Accra, July 19, GNA - The Supreme Court (SC) by a unanimous decision, on Wednesday, quashed a certiorari filed by Tsatsu Tsikata, a former Chief Executive of Ghana National Petroleum Corporation (GNPC), against a ruling by the Court of Appeal.

In the Judicial Review (certiorari), Tsikata, the appellant was asking the SC to reverse the decision of the Court of Appeal, which dismissed his application to stay proceedings at the Fast Track Court (FTC).


The appellant also wanted the SC to determine whether the International Finance Corporation (IFC) and its employees could testify in the case, in which Tsikata is accused of causing financial loss to the State.


The five-member panel, chaired by Mrs Justice G.T. Wood stated: "The stay is hereby dismissed." The application was described as unmeritorious. No cost was awarded.


The other panel members were Mr Justice S.A. Brobbey, Mr Justice Julius Ansah, Mr Justice R.T. Aninakwa and Mrs Justice S.O. Adinyira. The panel noted that the SC was not the proper forum to determine the matter, adding: "Instead of going to the Appeal Court, the appellant came for judicial review.


The SC explained that there was a clear distinction between 'appeal' and 'certiorari'.


Among the grounds for throwing out the certiorari were that, there were patent errors in the application.

The SC stated that it was clear that the learned justices of the Appeal Court did not err, and that "the court can not be said to have erred."


It was noted that the Trial Judge at the lower court (FTC) was right in refusing to order the IFC to testify. The SC said the Trial Judge exercised her jurisdiction rightly that she did all that the court required of her and, therefore, there was justification.


It said the power to grant stay of proceedings, must be exercised with circumspection in order not to bring about chaos. The Fast Track Court on January 24, this year, ruled that directing the IFC, a corporate body to testify and produce relevant documents would be an exercise in futility.


As a result, Tsikata filed an appeal at the Court of Appeal, which sought to stay proceedings at the FTC, but his application was dismissed.


The appellant was therefore, prompted to go to the Supreme Court. Ms Gertrude Aikins, Chief State Attorney, led a team from the Attorney General's Department to appear for the Republic, while Major Rowland S. Agbenato represented Tsikata.