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General News of Wednesday, 25 June 2008

Source: GNA

Tsatsu notifies Supreme Court about motion

Accra, June 25, GNA - Tsatsu Tsikata, former Ghana National Petroleum Corporation (GNPC), on Wednesday notified the Supreme Court that, he has filed

a motion to arrest its decision in respect of its judgment on whether or not to invite the International Finance Corporation to testify in the case which was before the Fast Track High Court.

Tsikata, a lawyer and an energy expert, is further seeking the inherent jurisdiction of the Supreme Court to quash the decisions of the fast track high court and seek further directions.

Appearing before the court, Tsikata who represented himself formally announced to the court that he filed the motion this (Wednesday) morning.

This means the court would have to hold on with its decision. According to Tsikata, the appellant, the motion was to ensure that administration of justice was not brought into disrepute.

He said the importance of the motion was to invoke the inherent jurisdiction of the court to quash the decision of the fast Track High Court.

Tsiakta said the motion was also to ensure that discretion of justice was corrected.

But the court, with a five-member panel, presided over Mr. Justice William Atugubah, drew Tsikata's attention to the fact that the motion was not before them.

Other members of the panel were Mr. Justice Allan Brobbey, Mrs Sophia Adinyirah, Mr Justice Julius Ansah and Mr Justice S.K. Asiamah. Mr Joe Ghartey, Minister of Justice and Attorney-General, who led a team of six attorneys, said the state had not been served and therefore could not respond to the motion.

Mr. Ghartey noted the allegations raised by the appellant were serious and would need to be responded to.

The Supreme Court said, "Based on the prevailing circumstances the matter is adjourned sine die (indefinitely)."

Tsiakata is expected to apply to the Chief Justice for a date to hear that motion. Mr. Kizito Bayuo represented the IFC.

In a hand written motion by Tsikata, he stipulated some of the grounds of the application as that the trial judge had predetermined the outcome of the application before the Supreme Court.

He contended that the trial judge exercised her discretionary power arbitrarily and was biased by her resentment. On June 18 this year, the Accra Fast Track High Court sentenced

Tsikata to five years' imprisonment for causing financial loss to the state and misapplying public property.

While there was heavy police presence at the court premises scores of sympathizers also thronged the premises with songs and a big banner which read "Free Tsatsu now."