Chief Justice advises Tsikata to seek redress in court

Accra June 26, GNA - The Chief Justice, Mrs Georgina Theodora Wood has advised Tsatsu Tsikata, Former Chief Executive Officer of Ghana National Petroleum Corporation (GNPC), to seek redress on the issues he raised in a petition he sent to her against Mrs Justice Henrietta Abban, an Appeal Court Judge, in a court of competent jurisdiction.

A statement the Judicial Secretary Mr Alex B. Poku-Acheampong signed and issued in Accra on Thursday said; "the issues raised in the petition are matters that may be determined by a court of competent jurisdiction, rather than determined administratively". It said Tsikata was further advised that, "the petition be placed before a court of competent jurisdiction in order that the grave issues that have been raised be determined judicially, for the appropriate orders to be made".

The statement said the Chief Justice received the seven-paged petition, which dated 18th June 2008, on 20th June 2008.

Tsikata's has in a posting on the Internet given 10 reasons why he thought Mrs Justice Abban was wrong in sentencing him to five years' imprisonment.

They are: 1. The judgement of Mrs Justice Henrietta Abban on April 18th June, 2008 when she had previously determined that she would await the decision of the Supreme Court on whether the International Finance Corporation is immune from jurisdiction of the courts of Ghana was clearly premature with the Supreme Court judgement a week away.

2. Ghana National Petroleum Corporation's investment in Westel has yielded over 100 million dollars. GNPC investments in ECOBANK yielded 11 million dollars. GNPC investment in TOTAL yielded over 6 million dollars. GNPC investment in Tanor/Cape three Points exploration is going to yield billions.

3. Prosecution own major witness in the case, the American, Jim Wilson testified that Valley Farms were doing well and the Company was looking forward to make profit for shareholders.

4. Valley farms have assets including large land tracts and nobody has said the value of these assets cannot repay GNPC.

5. Nobody said that Tsatsu Tsikata instructed payment on the guarantee that was given to Caisse Francaise de Development International. Justice Henrietta Abban claimed that without citing any passage of evidence.

6. The Guarantee Agreement for which Tsatsu Tsikata is being condemned was signed by him in March 1991 long before the law on causing financial loss to the State was passed in 1993. So Tsatsu is being punished by resorting to criminal legislation retroactively which the constitution forbids.

7. Mrs Justice Henrietta Abban exposed her political prejudice against Tsatsu Tsikata when talking of the law on causing financial loss to the State having been passed by "PNDC Government, of which the accused was a member" when the law was actually passed by the NDC. Justice must be free of such political colour.

8. Mrs Justice Henrietta Abban's insistence on Tsatsu Tsikata carrying on in the absence of his counsel, who had written to the Court about his need to travel outside the country denied Tsatsu Tsikata his constitutional right to counsel of his own choice and thus denied him a right to a fair trial.

9. Tsatsu Tsikata has not been proved beyond reasonable doubt to have committed any crime.

10. Tsatsu Tsikata has given selfless service to his country in many capacities including a law lecturer in the Law Faculty of University of Ghana and as Chief Executive officer of GNPC. This is not the way to repay him.