Akuffo Addo 1 Tsatsu 2

The former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata today suffered a major legal defeat at the Supreme Court. Tsikata who won two legal suits against government had filed a suit challenging the Chief Justice's legal authority to empanel 11 judges to sit on the review of the constitutionality of the Fast Track Court. He also sought a declaration from the court that on the true and correct interpretation of the 1992 Constitution, "there is no constitutional requirement for a panel of 11 judges of the Supreme Court to hear a review of a decision by a panel of nine judges of the same court."

But the Supreme Court in a unanimous decision held that the Chief Justice had the discretionary power to empanel all available judges of the Supreme Court to sit on the case. It stated that when the CJ used his discretionary powers to empanel all available judges of the Supreme Court to sit on a case, he would be within his constitutional right to do so. Consequently, the court found Tsikata’s application as frivolous and unmeritorious and dismissed it accordingly.

The five-member panel of the court presided over by Mr. Justice A. K. B. Ampiah also awarded a cost of five million cedis against the former GNPC boss. Earlier, the court over-ruled a preliminary objection submitted by Mr. Tsikata on the grounds that the Attorney -General was a party to the suit and could, therefore, not defend Chief Justice. The court was of the view that the President in consultation with the Council of State appointed the Chief Justice as the Head of the Judiciary and since he was not sued in his individual capacity, the A-G being government's advisor on legal matters, was the right person to defend him.

Tsikata had gone to the court, to seek certain reliefs, which included among others things, a declaration that the January 10, 2001, Practice Direction by Mr. Justice Edward Kwame Wiredu, Acting CJ (as he then was); "is null and void, contrary to the 1992 Constitution." The former GNPC boss also sought an order of injunction directed to the CJ to restrain him from acting on the basis of the said practice direction of January 10, 2001, in empanelling justices of the Supreme Court for hearing of cases.

Nana Akuffo Addo, Attorney- General and Minister of Justice, Ms Gloria Akuffo, Deputy Attorney-General, Mr Osafo Sampong, Director of Public Prosecution and Mr Samuel Y. Anim, a Chief State Attorney represented the state, while Professor Emmanuel Victor Oware Dankwah appeared for Mr Tsikata. Other members of the Supreme Court panel were Mr Justice George Acquah, Mr Justice William Atugubah, Ms Justice Sophia Akuffo and Mr Justice George Lamptey.