Tsatsu wins appeal

Accra, Dec. 18, GNA - The Court of Appeal on Thursday set aside the decision of an Accra Fast Track High Court, which dismissed Tsatsu Tsikata's bail application pending Appeal and ordered that it be restored.

The Court therefore ruled that Tsatsu Tsikata's bail application, which the High Court dismissed on July 30, should go back to the High Court to be heard on its merit.

The three-member panel chaired by Mrs Justice Mariama Owusu, with Mr Justice P.K. Gyaesaayor and Mr Justice Kobena Acquaye stated that Mrs Justice Henrietta Abban, the trial judge, erred in law when she dismissed Tsatsu's application for bail pending appeal. The Appeals Court ruled that when Tsatsu refused to move his application, because he said he did not have a copy of the court's judgment, which convicted him on June 18, the trial judge could have adjourned the matter "sine dine".

It further stated that after adjourning the matter indefinitely, the trial judge could then have referred the matter to the Chief Justice for direction.

The Appeals Court, however, stated that obtaining a copy of the judgment was an administrative procedure, which Tsatsu could have instructed his counsel to apply for through the Court's Registry. Tsatsu filed the application at the Appeals Court praying it to reverse the determination made by the trial judge that she was competent to hear Tsatsu's application in spite of the pending allegations of bias levelled against her.

He stated that the trial judge erred in her constitutional duty to be fair and candid with the exercise of discretionary powers, by failing to make available a copy of her judgment, and yet expected him to move his bail application.

Tsatsu, former Chief Executive of the Ghana National Petroleum Corporation, was convicted by the Fast Track High Court and sentenced to a five-year term of imprisonment on June 18, on charges of wilfully causing financial loss to the State.

When Court delivered the judgment on Thursday, Tsatsu was not in court but his counsel, Professor Emmanuel Victor Oware Dankwa, relatives, friends and sympathizers, were present. Speaking to the press soon after the court's decision, Mr Fui Tsikata, his brother, said they were waiting for the directions of the Chief Justice to see who was going to hear the matter. Mr Fui Tsikata said if the same judge who convicted Tsatsu was asked to sit on the matter, then the issue of bias would have to be revisited.