Tsikata In legal Twist & Turns

Fri, 11 Jul 2008 Source: GNA

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... moves to stop Justice Abban from prosecuting her agenda
Accra, July 11, GNA - Tsatsu Tsikata, Former Ghana National Petroleum Corporation Chief Executive, has initiated a process at a Fast Track High Court to stop Mrs Justice Henrietta Abban, who incarcerated him, from hearing his application for bail.

The Court presided over by Mr Justice K.A. Ofori Atta will give its ruling on 15th July 2008.

In an affidavit accompanying his application, Tsikata said he would provide evidence of bias of Mrs Justice Abban before an independent forum -"trial within a trial" or "mini trial". He made reference to the example of the Sallah's case during, which the Attorney - General in the Busia Government made allegations of bias against two of the judges, Justice Apaloo and Justice Sowah. This led to a trial within a trial being conducted to determine the issue of bias before the main case could proceed.

At Thursday's sitting, Mr Joe Ghartey, Attorney - General representing the Republic filed an application for stay of proceedings of the trial within trial pending the decision of another case before the Supreme Court. He argued that the decision of the trial within trial could conflict with that of the Supreme Court, saying the relief being sought at both courts were the same.

Opposing the Attorney - General's motion, however, Mr. Tsikata stated that the issues before the two courts were different. He said the one before the High Court was to determine bias on the part of Justice Abban while the one before the Supreme Court was to determine if Justice Abban was right in striking out an application to adjourn the case and to allow fresh evidence in the main trial, which was before her. Mr Tsikata accused the Attorney - General of not being truthful because he failed to annex all the supporting documents he had indicated in his application for stay of proceedings that he had annexed. Mr Ghartey, however, objected to Mr Tsikata's assertion that the application before the Court was incomplete.

He insisted the application was complete and that Mr Tsikata did not have a choice.

Mr Tsikata when summing up his submission to the Court gave a quotation from Holy Bible; Luke 12, "Beware of the leaven of the Pharisees, which is hypocrisy. For there is nothing covered that would not be revealed nor hidden that would not be known...". Mr Ghartey responded by saying Amen and also quoted: Matthew 5-9 "Blessed are the peace makers for they shall be called the children of God".

Meanwhile, Mrs Justice Abban, who was expected to hear Tsikata's application for bail pending appeal, failed to show in court. A letter dated 7th July 2008 informed the Court that Mrs Justice Abban is still indisposed and the case has been postponed to 22nd July 2008. 11 July 08

Source: GNA
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