General News of Tuesday, 22 July 2008

Source: GNA

Tsikata objects to another panel member

Accra, July 22, GNA - Tsatsu Tsikata, incarcerated former Ghana National Petroleum Corporation Chief Executive Officer, has for the second time objected to a member of panel on the Supreme Court hearing his application to quash his five-year jail term.

Tsikata objected to Mr. Justice Anin Yeboah, who had replaced Mr Justice Allan Brobbey whose membership of the panel he had objected against earlier.

Tsikata is before the Supreme Court to move a motion invoking its supremacy jurisdiction to quash the ruling by Mrs Justice Henrietta Abban on June 18 this year, which struck out an application his counsel had filed earlier for further evidence to be heard by the Supreme Court. The former GNPC boss contended that, Mr. Justice Anin Yeboah had ruled on an application in respect of the immunity of the International Financial Corporation (IFC) at the Court of Appeal.

He said Mr Justice Anin Yeboah was aware of what he termed as "the facts" of the matter.

Despite the objection raised by Tsikata, he prayed the court to allow him to move his motion.

The panel on the Supreme Court, presided over by Ms Justice Sophia Akuffo said the issue raised by Tsikata was new to her and that she cannot proceed with the matter if (Tsikata) had some reservations. Soon after conferring with the panel, Ms Justice Akuffo announced that "my brother has indicated that he has chosen to (excuse) himself". According to Ms Justice Akuffo she was not responsible for empanelling of judges hence would adjourn the matter sine die and inform the Chief Justice accordingly.

The panel was Mr Justice Julius Ansah, Ms Justice Rose Owusu and Mr. Justice Jones Victor Dotse.

Tsikata had also gone to the Supreme Court to quash the decisions of Mrs Justice Abban prior to her delivering her judgment.

These include the determination that he (Tsikata) was abusing the court process and the decision of the trial judge to rescind her decision to stay proceedings and await the outcome of the Supreme Court proceeding on whether the International Finance Corporation was answerable to the jurisdiction of the courts of Ghana.

Others were that the trial judge's decision not to adjourn proceedings but to proceed to deliver judgment and the fact that it went ahead to deliver judgment when Tsikata's counsel was not round yet proceeded to deliver her judgment on June 18.

Tsikata was sentenced to five years imprisonment for wilfully causing financial loss to the state and misappropriating public property after the Fast Track High Court had found him guilty. 22 July 08