Court of Appeal dismisses Tsikata's case

Accra, Nov. 22, GNA - The Court of Appeal on Thursday dismissed an appeal filed by Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC) on a ruling of an Accra Fast Track Court (FTC) that he has a case to answer.

Dismissing the appellant's 18 grounds of appeal, the Court of Appeal described the application as unmeritorious and affirmed the decisions of the FTC, adding that it was proper for the trial Judge to ask him to open his defence after the Prosecution had established a prima facia case against him.

The Court of Appeal noted that under the law, the FTC was not bound to give reasons on its ruling and, therefore, asked Tsikata to go back to the FTC to stand trial.

The panel was made up of Michael Lartey, presiding, Mr Justice J. C. Ammono-Monney, Mr Justice Felix and Mr Justice Stephen T. Farkye, all Court of Appeal Judges.

Tsikata is accused of having caused the loss of 2.3 billion cedis to the State during his tenure.

He is facing four counts of wilfully causing financial loss to the State and intentionally misapplying public property.

He has denied the charges and the FTC has admitted him to a 700 million-cedis self-recognisance bail.

Appealing against a "submission of no case," Tsikata, the appellant, stated that the trial Judge had erred in law when it failed to give reasons for its ruling.

The Appellant further stated that the trial Judge also erred in law when the Court asked him to open his defence because the Prosecution had failed to establish prima facia case against him.

On March 28, this year, the FTC presided over by Mrs Justice Henrietta Abban overruled the submission of "no case" made by counsel for Tsikata, who was standing trial for causing financial loss to the State.

Mrs Justice Abban, an Appeal Court Judge with additional responsibility as a High Court Judge, said she was not obliged to give reasons. She noted that after the close of the Prosecution's case, the Defence made a submission of "no case".

Mrs Justice Abban stated that at the close of the evidence in support of the charge, the court found that a case was made out against the accused sufficiently to require him to make a defence.

She, therefore, asked the accused to open his defence.

However, Tsikata's team of lawyers led by Professor Emmanuel Victor Oware Dankwa, said it would appeal against the ruling.

Tsikata was accused of illegally guaranteeing a loan of 5.5 million French Franc from Caisse Francaise de Development, 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 its repayment had expired - subsequently leading to the settlement of the debt by GNPC, when it was requested to do so.