The right to appeal after being unconditionally pardoned

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SARPONG 9 years ago

Tsikata is a shyster and being helped by this government to perpetrate fraud on us. He said he rejected the pardon but got out of prison because of the pardon.

I would have accepted and respected Tsikata if he had remaine ...
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Tsikata is a shyster and being helped by this government to perpetrate fraud on us. He said he rejected the pardon but got out of prison because of the pardon.

I would have accepted and respected Tsikata if he had remained in prison and appealed his conviction from there but not when you got out of prison because of the pardon and then tell us you rejected the pardon.

Yes Professor, Tsikata wants to have his cake and eats it too.
KONKOTI 9 years ago

You state that you "would have accepted and respected Tsikata if ..."!

You must be full of yourself, really! Tsatsu Tsikata does not want your respect and no more does he need your acceptance!

Save your respect and acce ...
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You state that you "would have accepted and respected Tsikata if ..."!

You must be full of yourself, really! Tsatsu Tsikata does not want your respect and no more does he need your acceptance!

Save your respect and acceptance, if they do have any value at all, for those who want and need them!
SARPONG 9 years ago

Dunderhead, whether he needs my respect or not, that is not the issue, the issue is his hypocrisy and only fools and retards will believe his nonsense.

He will never get my respect whether he needs it or not because he los ...
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Dunderhead, whether he needs my respect or not, that is not the issue, the issue is his hypocrisy and only fools and retards will believe his nonsense.

He will never get my respect whether he needs it or not because he lost it a long time ago. He is an ugly ethnocentric asshole and a thief. Go and hug a transformer if you don't want to read from me.
KONKOTI 9 years ago

Can you recognise an act of hypocrisy when you come upon one, fool!!! It's you, yourself, who made your respect and your acceptance a measure of Tsatsu's behaviour and I dealt with the foolishness and conceitedness of it! Mut ...
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Can you recognise an act of hypocrisy when you come upon one, fool!!! It's you, yourself, who made your respect and your acceptance a measure of Tsatsu's behaviour and I dealt with the foolishness and conceitedness of it! Mutherfucker!

You stupid swine, you have the temerity to raise yourself into something that you are not and can never ever be! Onye sormi! Either it's your respect or your acceptance, it "don't mean no nothing to nobody"!

As to the supposed pardon granted to Tsatu and its legal and moral implications for his appeal and the ruling on it, you have not said a single thing worth examining or considering! All you're doing is poorly and unintelligently rehashing some weak points made in the article! Duru nmaka!!!
SARPONG 9 years ago

Listen to this cassava chewing trokosi rodent. If you want to worship that akpteshie mouth mouth ugly thief Tsatsu Tsikata, that is your problem, YAKA GBEMEI

Reading through your twaddle,it is there for all to see that you ...
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Listen to this cassava chewing trokosi rodent. If you want to worship that akpteshie mouth mouth ugly thief Tsatsu Tsikata, that is your problem, YAKA GBEMEI

Reading through your twaddle,it is there for all to see that you are deficient in all that lends character .

God created houseflies, tse-tse flies, ants, bugs, cockroaches, maggots, fleas, ticks, leeches and intestinal parasites then he lowered his standards and created you.

You are half-living in the slough of despair !

Will you now get back into your cage?

And I mean now, you vulgar little maggot.

Go free yourself from your slave mentality and come back with free mind.

This forum is one for folks with sound minds and not socially-retarded miscreants.

Bob under with your oafishness !You are not even worth a bucket of dog vomit, you child rapist.
Kotey 9 years ago

Tsatsu Tsikata rejected Koffour's unconditional pardon and served his prison term.In all common law jurisdictions serving part of your sentence amounts to serving a full term so the question of him accepting the unconditional ...
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Tsatsu Tsikata rejected Koffour's unconditional pardon and served his prison term.In all common law jurisdictions serving part of your sentence amounts to serving a full term so the question of him accepting the unconditional pardon by implication is wrong.

Pardons are sometimes offered to persons who are wrongfully convicted or who claim they have been wrongfully convicted.

In some jurisdictions not all, accepting such a pardon implicitly constitutes an admission of guilt (see Burdick v. United States in the United States), so in some cases the offer is refused as in this case.

Cases of wrongful conviction are nowadays more often dealt with by appeal than by pardon; however, a pardon is sometimes offered when innocence is undisputed.

Tsatsu served his sentence albeit just partly and refused a pardon which had just been addressed with an exoneration by the appeal court.It could have been a parole decision to shorten his sentence because of the circumstances surrounding the case so your argument is just a moot point.

When the prisons take their decisions to shorten sentences as they sometimes do,the prisoner has no choice.What is clear though is that Tsatsu rejected the pardon orally and in writing.Arguments as to how long he spent in jail is a question for the prisons and not for Tsatsu.
Kwame 9 years ago

A true intellectual looks at both sides to an argument or an issue. Your piece here is neither intellectual nor correct. In the case you cited the US went ahead and executed the convict. It is up to the govt. to send Tsatsu t ...
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A true intellectual looks at both sides to an argument or an issue. Your piece here is neither intellectual nor correct. In the case you cited the US went ahead and executed the convict. It is up to the govt. to send Tsatsu to prison not the other way round. If you read the constitution devoid of bias you will see that the jurisdiction of the court CANNOT be taken away an by executive action which was not done according to correct procedure.
JA 9 years ago

Can an ex-convict practise law?

Can an ex-convict practise law?
Zigi 9 years ago

By implication, it was the duty of the state to keep him in jail or grant him bail pending appeal, which he had applied for before the pardon. He could not have kept himself in jail.

By implication, it was the duty of the state to keep him in jail or grant him bail pending appeal, which he had applied for before the pardon. He could not have kept himself in jail.
Mike 9 years ago

I totally agree with you.

I totally agree with you.

JA 9 years ago

What do you agree with? If he rejected the pardon, why was he allowed to practise law?

What do you agree with? If he rejected the pardon, why was he allowed to practise law?
Zigi 9 years ago

Was he not granted bail, pending appeal?

Was he not granted bail, pending appeal?
Zigi 9 years ago

Was Tsatsu expected to keep himself in jail?

Was Tsatsu expected to keep himself in jail?
SARPONG 9 years ago

He got out of prison due to the pardon he said he refused. Yes, he could have said I don't need a pardon, I am appealing my case and if it is only pardon that will allow me to leave prison, then I will not accept.

This is ...
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He got out of prison due to the pardon he said he refused. Yes, he could have said I don't need a pardon, I am appealing my case and if it is only pardon that will allow me to leave prison, then I will not accept.

This is a man that tried to get out of prison by faking asthma attack.

He has been out of prison for almost eight years and he only appealed against his conviction only in June 2016 after enjoying freedom through pardon and this ugly fool is now talking about he refused pardon and some fools still believe that stupidity.
Adu Sco WOSUMA 9 years ago

This is an excellent response. Your w2rite ups / comments are always not only thought provoking, but well presented. Thank you Nii Kotey.

Adu Sco Wosuma

This is an excellent response. Your w2rite ups / comments are always not only thought provoking, but well presented. Thank you Nii Kotey.

Adu Sco Wosuma
lankwei 9 years ago

For Azar and his supporters, it is all about schadenfreude!

For Azar and his supporters, it is all about schadenfreude!
Asafo Agladza 9 years ago

Yes, because the writer who wrote this article was soooo blind and death to listen to Tsatsu's press conference or what was written yesterday on ghanaweb,or out of his prejudice for Tsatsu did not understand that Tsatsu ment ...
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Yes, because the writer who wrote this article was soooo blind and death to listen to Tsatsu's press conference or what was written yesterday on ghanaweb,or out of his prejudice for Tsatsu did not understand that Tsatsu mentioned that he rejected Kufuors pardon while still; nn hospital bed at Korlebu.
SARPONG 9 years ago

You go through trial, found guilty and jailed. If you think you are not guilty as Tsatsu think he is, you don't accept pardon by using it to get out of prison. By him getting out of prison through the Presidential pardon, he ...
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You go through trial, found guilty and jailed. If you think you are not guilty as Tsatsu think he is, you don't accept pardon by using it to get out of prison. By him getting out of prison through the Presidential pardon, he accepted his guilt. He could have used the appeal process to get out of prison and not pardon.

It is never through that in all jurisdictions serving part of your prison term constitute serving all the time you have been sentenced. What kind of explanation is that? Are telling readers in this forum that if a person is sentenced to a ten year prison term can get out of prison after serving just one year by saying he has served one year and that constitute a full serving of his sentence?

The only time a sentence of ten or any years of penalty can be truncated to less than the the years you were sentenced to and allowed to leave prison and your sentence deemed fully served is if you are paroled by a parole board.
SARPONG 9 years ago

It is never through should read,

It is never true

It is never through should read,

It is never true
Zigi 9 years ago

This man has been attacking Tsatsu for a very long time now. He was an important part of those NPP supporters who kept up the campaign of vilification against Tsatsu during the pre-Kufuor period. His demonisation of Tsatsu pa ...
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This man has been attacking Tsatsu for a very long time now. He was an important part of those NPP supporters who kept up the campaign of vilification against Tsatsu during the pre-Kufuor period. His demonisation of Tsatsu paid him handsomely when Kuffuour engaged him to carry out a so-called forensic audit at GNPC,

He is quite a dangerous, devious character. See how he has conveniently overlooked the fact that Tsatsu rejected the pardon that Kufuor granted in his last day in office? Tsatsu rejected the pardon, had begun the appeal process, and even applied for bail before the pardon. The application for bail was subsequently successful (after the pardon).

KONKOTI 9 years ago

The court gave due consideration to the supposed pardon and still found Tsatsu's appeal legally acceptable. In the court's reasoning, a pardon does not exonerate a person who's been imprisoned; it only "takes away the pain of ...
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The court gave due consideration to the supposed pardon and still found Tsatsu's appeal legally acceptable. In the court's reasoning, a pardon does not exonerate a person who's been imprisoned; it only "takes away the pain of incarceration"!

In other words, in the court's reasoning and submission, it's only when the person is acquitted, on appeal, that he becomes 'free' of the findings and ruling that led to his incarceration! It is, thus, in order, legally and reasonably, not only for Tsatsu to have pursued the appeal but also for the court to have entertained it!
Dr. SAS, Attorney at Law 9 years ago

Prof. Asare misses a clear opportunity to cite to the authorities supporting his assertion that a person pardoned cannot reject the pardon and walk scot-free. If he rejects the pardon and is not held against his will, it wil ...
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Prof. Asare misses a clear opportunity to cite to the authorities supporting his assertion that a person pardoned cannot reject the pardon and walk scot-free. If he rejects the pardon and is not held against his will, it will be absurd for him to remain in prison at will. In the case he started dated 1833, it was the government that hanged the prisoner; the prisoner did not hang himself. The government had a choice to let him walk around freely; but it chose to hang him instead. His case is inapposite to this one at bar.

It is the state's power to execute court imposed punishment on the citizens, and if it so refuses to enforce any punishment, no citizen is required to enforce his own punishment.

Tsatsu was very articulate in rejecting the Executive pardon and made that clear through a letter to the President who forcibly imposed the pardon on him by opening his prison gates. He could not have kept himself in jail.

On the other hand the President could have withdrawn the punishment and compelled Tsatsu to remain in jail. He did not.

So in effect, the fact that Tsatsu walked out of prison has nothing to do with his acceptance of a pardon because he rejected that punishment. It had to do with the freedom afforded him simply on account of nobody wanting to enforce his punishment imposed on him by law. He couldn't have forced himself to stay in a jail from which he had been freed.

So that is about the point of his freedom. It had nothing to do with the pardon which he rejected. It had to do with his sentence which nobody wanted to enforce.

As to the question of his appeal, I believe he still had the right to proceed with it and have the the sentence reversed. A more efficient system could have been developed where he, as a citizen, could have his record expunged where the government showed no willingness to pursue his case and where he was in a fight without any opponent.

I would suggest a process where after rejecting the pardon, he could have simply gone to court and filed for the records to be expunged. If unchallenged by the government as expected, then the record is simply expunged. Period.

But this was a case of first impression, and it should suffice that the appeals court cleared him for whatever it is worth.

Even after the case is appealed, if there is no opposition by the government, it should still be an automatic win for Tsikata anyway for the simple reason that he was there all by himself to throw shadow punches.....

In short, Tsatsu rejected the pardon and had every right to walk scot-free when the government failed to keep him in jail to serve out the full measure of his sentence. He also had the right to go to Court where, in absence of any opposition, he was bound to win his case anyway.

My only surprise is that the Court will go to the extent it went where there was no opposition to the appeal. Within a single day, the matter should have been ruled in favor of Tsatsu for lack of opposition to his appellate action.
KANAWU KASABA 9 years ago

You managed to succeed in a winding attempt to rationalize an absurdity.

You cannot benefit at the same of a facility you disown and reject at the same. It is eating your cake and having it oven fresh.

That d ...
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You managed to succeed in a winding attempt to rationalize an absurdity.

You cannot benefit at the same of a facility you disown and reject at the same. It is eating your cake and having it oven fresh.

That double dipping take makes Tsatsu all the wicked and unprincipled bozo he is.

He has caused and has been behind so much mayhem and criminalities
Kwabena Danso,Gbawe-Accra 9 years ago

When Brainers are talking all you can do is to rain insults.It's sad.

When Brainers are talking all you can do is to rain insults.It's sad.
THE REAL C.Y. ANDY-K 9 years ago

As for this, I'd score you A for your argument. Had you mentioned that he was abandoned on his sick bed at Korle Bu, and had no choice than to find his way home, believing in the first in his innocence, I'd make it A+.

Aza ...
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As for this, I'd score you A for your argument. Had you mentioned that he was abandoned on his sick bed at Korle Bu, and had no choice than to find his way home, believing in the first in his innocence, I'd make it A+.

Azar is simply being mischievious. The whole Tsatsu trial was a shambolic miscarriage of justice. I know seasoned lawyers and state prosecutors who were disgusted by the clear witch hunt that it was.

If anything at all he and Sam Jonah's dabbling in derivatives should have been the grounds for the prosecution of both. Sam Jonah's losses were over $300m, leading to the sale of the Ashanti God Fields!

Andy-K
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The right to appeal after being unconditionally pardoned

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