Tsikata Appeals Against Ruling

... to Open Defence At FTC

Corporation (GNPC) boss, Tsatsu Tsikata, has gone a step upwards to the Appeal Court, where he had filed an application challenging the ruling of the Fast Tract Court (FTC) on the submission of 'no case' argued before it.

In an 18-point appeal, in which the attorney general is directly affected, Tsikata is seeking relief from the Court of Appeal to quash the decision and order of the FTC in overruling the submission of 'no case' and ordering him to open his defence.

According to Tsikata, the trial judge, in her ruling, erred in law due to her inability to give reasons for the decision taken among other concerns.

The former GNPC boss, who is currently standing trial at the FTC on three counts of causing financial loss to the state and one count of intentionally misapplying public property was not supported when he presented a submission of 'no case' before the court after the close of the case by the prosecution.

The trial judge, Justice (Mrs.) Henrietta Abban, an Appeal Court judge, sitting as an additional High Court judge, on March 28, this year, threw out Tsikata's submission without giving any reason and demanded that he opened his defence.

According to her, she was not obliged to give reasons for her judgement.

Tsikata is accused of causing financial loss to state property by illegally guaranteeing a loan of 5.5million French Francs from Caisse Francaise de Developpement, a French company, to Valley Farms, a limited liability company.

Valley Farms subsequently defaulted in the payment of the loan after the period scheduled for the repayment expired, which led to the settlement of the debt by GNPC, when it was requested to do so.

The accused person was however granted a ?700million self-recognisance bail.

In his appeal, Tsikata, represented by his counsel, Prof. E.V.O. Dankwah and Major (rtd.) Roland Agbenoto, also challenged the ruling of the FTC - accusing the trial judge of ignoring relevant legal and constitutional issues raised before her and taking the decision without a judicial consideration of the issues.

According to the defence counsel, the trial judge committed a legal blunder in respect of the first three counts by not realizing that the evidence adduced by the prosecution on payments allegedly authorized by Tsikata did not show that payments were made on his authority or instruction. Counsel also accused the judge of ignoring Article 19(5) of the constitution.

They also contended that the judge failed to take due account of the fact that prosecution witnesses could not adduce evidence of payment alleged to have taken place in March 1991 for which the accused was made to answer.

The judge was also accused of failing to take account of the failure of the prosecution to call a witness, whose testimony was significant in the case.

Prof. Dankwah further noted that the trial judge had made a mistake when she failed to appreciate the decision of the High Court "to enforce the fundamental human rights and freedoms guaranteed in the constitution" and when she failed to realize that there was not enough evidence adduced by prosecution to warrant his client to open his defence.

The judge adjourned proceedings to April 9, this year, to study and decide on the application of stay of proceedings filed at the court by counsel for Tsikata.

According to Justice Abban, the motion for stay of proceedings was not brought to her attention after defence counsel brought the court's attention to the application filed to that effect.

Earlier on defence counsel, Prof. Dankwah, prayed the court to stay proceedings to await the outcome of the appeal filed at the Court of Appeal since the verdict of the higher court may render the proceedings of the FTC null and void.

Consequently, the Director of Public Prosecutions (DPP), Mr. Osafo Sampong agreed that the court should stay proceedings to await the determination of the Appeal Court.