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General News of Tuesday, 14 May 2002

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Tsikata's Case Adjourned to May 22

Hearing of a writ by Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC) against the Chief Justice (CJ) and the Attorney General over the composition of the Supreme Court for the review of the court's decision on the illegality of the Fast Track High Court, was on Tuesday adjourned to May 22.

At a brief sitting of the court, a panel of five judges, comprising, Mr Justice A.K.B. Ampiah (presiding), Mrs Justice Sophia Akufo, Mr Justice George Acquah, Mr William Atuguba and Mr Justice George Lamptey, adjourned the hearing without assigning any reasons.

Mr Tsikata on March 28, this year, filed a writ challenging the C.J. on the true and correct interpretation of Article 133(2) of the 1992 Constitution, that there is no constitutional requirement to increase from nine to 11, the number of panel members to hear the review of the decision of the Supreme Court.

The writ also declared that the true and correct interpretation of Article 133 (2) of the 1992 Constitution, except in the case of a decision by a panel of five Justices of the Supreme Court, says there is no requirement for the C.J. to add two additional Justices of the Supreme Court, to hear an application for the review of the decision of the Court.

Professor E.V.O Dankwa, counsel for the plaintiff has however, written a letter to the Supreme Court reminding it to adhere to the provision which request at least 14 days of short listing before hearing.

The letter invoked the provision of Rule (23) of the Supreme Court Rule, 1996. C.I. 16, which requires that " the registrar shall, during each term, publish within the precincts of the court and of the High Court of justice in each region, at least 14 days before hearing, a shortlist of cases which shall show the criminal and civil appeals of matters that are to be heard by the court.

Professor Dankwa, who is out of the country now, requested that this provision be complied with, to enable him to present his client in court.