Tsatsu moves motion in court

Accra, July 29, GNA - Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC) on Tuesday moved a motion at the Supreme Court (SC) for the court to exercise its supervisory jurisdiction to quash the judgment of Mrs Justice Henrietta Abban on June 18, 2008.

Mr Tsikata also asked the SC to arrest its judgment in the appeal pending before the SC on whether the International Finance Corporation (IFC), part of the World Bank Group, is amenable to the jurisdiction of the court of Ghana to testify in the case. Tsatsu, former boss of GNPC was sentenced to five years' imprisonment for wilfully causing financial loss to the State and misapplying public property.


Justice Sophia Akuffo who led the five-member SC panel, which included Justice Jones Dotse, Justice Julius Ansah, Justice Comfort Owusu and Justice Baffoe Bonney asked the accused to clearly explain the relieves that he was seeking from the court. Justice Akuffo said part of the case was pending before another panel of the SC and that the current panel does not have the power to give directions to that panel as what to do. However, Mr Tsikata in his supplementary affidavits argued that the claim by the trial judge that, he (Tsikata) was abusing the judicial process was not true.


He said the decision by the trial judge to go ahead with his judgment despite the appeal pending before the SC in respect of the IFC case was a slap in the face of the SC as well as disrespect to the SC. He also submitted that Mrs Justice Abban had determined that it was necessary to wait the outcome of the appeal since it could have impact on further proceedings before her and in order to avoid "a mistrial or a miscarriage of justice".


He said having stayed proceedings, suddenly the trial judge on June 18, 2008 decided that she would no longer wait for the decision of the SC, which was one week away to give its ruling. Mr. Tsikata further argued that Mrs. Justice Abban acted in breach of Article 296(a) of the 1992 to be fair and candid in the exercise of her discretionary power and committed patent errors of law in making the decisions and determinations.


He said the attempt by the trial judge to compel him to represent himself because he was a lawyer when he had stated clearly his option to be represented by counsel was a breach of his fundamental human rights. He said the even before the judge had heard the application for further evidence which was before the court she had decided to throw it out and, therefore, took along to court the judgment she was determined to read that day.

Mr Joe Ghartey, Attorney General and Minister of Justice, in his submission refuted claims by Mr Tsikata that the trial judge had stayed proceedings.


He said so far, the judge was concern Mr Tsikata had on various occasions gone to the Appeal Court and SC to had the judgment quashed but had been unsuccessful and so that was why the judge went ahead with his judgment.


Mr Ghartey also argued it was not the decision of the trial judge but the case was struck out for want of prosecution. He said under Article 19(2) f the accused had the opportunity to either represent himself or have a lawyers of his choice, which does not meant one particular lawyer


He further argued that the claim the accused that trial judge had prejudged the trial was also not true, adding that, far back in October 2006, the judge had finished his judgment and was waiting the applicant's appeal at the SC which was not successful. Mr Tsikata, former boss of GNPC was sentenced to five years' imprisonment for wilfully causing financial loss to the State and misapplying public property.


He 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. 29 July 08