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Opinions of Tuesday, 6 January 2009

Columnist: Dake, Mawuli

Mr. President, It’s Not Too Late to Give Tsatsu Justice

By- Mawuli Dake

As Ghana prepares to usher in the next government on 7th January 2009, many Ghanaians worldwide are jubilant and proud of the nation’s maturing democracy. Just a few days before assuming office, the President elect- Prof. Atta Mills hopes that political party flags will be put away and replaced by the unifying national flag of red, gold and green. Albeit political affiliations, this concept of a unified nation is crucial to Ghana’s progress in the years ahead, and it is even more crucial that the outgoing president, John Agyekum Kufuor, begins this legacy of a unified Ghana poised for progress. Freeing of Tsatsu Tsikata by President Kufour would be a powerful signal to enhance national unity and reconciliation as well as help restore confidence in the justice system.

Mr. Tsikata, head of the Ghana National Petroleum Corporation (GNPC) under the former regime of the National Democratic Congress (NDC), who was convicted on June 18, and sentenced to five years in prison for causing financial loss to the state, remains behind bars today. The trial, which is no doubt the most controversial in the recent history of Ghana, left the country divided and severely damaged the credibility of our judiciary in the eyes of many citizens, casting it as an accomplice willing to abandon minimum standards of judicial conduct in order to achieve a political prosecution. To many observers like me, it was a trial that flouted basic principles of justice and criminal jurisprudence.

Whilst many have debated and will continue to debate the fairness or otherwise of Mr. Tsikata’s incarceration, there is one thing we can all agree on- that his release will go a long way to promote the unity and reconciliation that our country needs today. I believe President Kufour will agree too. So, while I still believe that Mr. Tsikata was not proven beyond reasonable doubt to have committed the crime he was accused of, I write today, not to “demand” his release as I have in the past, but in the aforementioned spirit, “plead” for his release. After all, President Kufuor is seen by world leaders as a peace-maker and there is no greater service that he can do for Ghana in his last few days as father of the nation than to begin to heal some of the wounds from his presidency. We are grateful, that under his leadership, Ghana has enjoyed socio-political peace and tranquility. The freeing of Tsatsu Tsikata will not only promote unity and restore confidence in the justice system, but will also serve as a fitting end to Kufour’s presidency.

Mr. President, free Tsatsu for the sake of justice and for the sake of Ghana. May your remaining days in office see more of the outstanding integrity and statesmanship you demonstrated during the just ended elections. May you have the courage and humility to take this bold step- to mark the beginning of the cycle of political vengeance that have characterized our history. God bless you and God bless Ghana.

Mawuli Dake in a leading African human rights expert.