Chief Justice advises Tsikata to seek
redress in court
Accra June 26, Ghanadot/GNA - The Chief Justice, Mrs
Georgina Theodora Wood has advised Tsatsu Tsikata, Former
Chief Executive Officer of Ghana National Petroleum
Corporation (GNPC), to seek redress on the issues he raised
in a petition he sent to her against Mrs Justice Henrietta
Abban, an Appeal Court Judge, in a court of competent
jurisdiction.
A statement the Judicial Secretary Mr Alex B.
Poku-Acheampong signed and issued in Accra on Thursday said;
"the issues raised in the petition are matters that may be
determined by a court of competent jurisdiction, rather than
determined administratively".
It said Tsikata was further advised that, "the petition be
placed before a court of competent jurisdiction in order
that the grave issues that have been raised be determined
judicially, for the appropriate orders to be made".
The statement said the Chief Justice received the
seven-paged petition, which dated 18th June 2008, on 20th
June 2008.
Tsikata's has in a posting on the Internet given 10 reasons
why he thought Mrs Justice Abban was wrong in sentencing him
to five years' imprisonment.
They are: 1. The judgement of Mrs Justice Henrietta Abban on
April 18th June, 2008 when she had previously determined
that she would await the decision of the Supreme Court on
whether the International Finance Corporation is immune from
jurisdiction of the courts of Ghana was clearly premature
with the Supreme Court judgement a week away.
2. Ghana National Petroleum Corporation's investment in
Westel has yielded over 100 million dollars. GNPC
investments in ECOBANK yielded 11 million dollars. GNPC
investment in TOTAL yielded over 6 million dollars. GNPC
investment in Tanor/Cape three Points exploration is going
to yield billions.
3. Prosecution own major witness in the case, the American,
Jim Wilson testified that Valley Farms were doing well and
the Company was looking forward to make profit for
shareholders.
4. Valley farms have assets including large land tracts and
nobody has said the value of these assets cannot repay GNPC.
5. Nobody said that Tsatsu Tsikata instructed payment on the
guarantee that was given to Caisse Francaise de Development
International. Justice Henrietta Abban claimed that without
citing any passage of evidence.
6. The Guarantee Agreement for which Tsatsu Tsikata is being
condemned was signed by him in March 1991 long before the
law on causing financial loss to the State was passed in
1993. So Tsatsu is being punished by resorting to criminal
legislation retroactively which the constitution forbids.
7. Mrs Justice Henrietta Abban exposed her political
prejudice against Tsatsu Tsikata when talking of the law on
causing financial loss to the State having been passed by "PNDC
Government, of which the accused was a member" when the law
was actually passed by the NDC. Justice must be free of such
political colour.
8. Mrs Justice Henrietta Abban's insistence on Tsatsu
Tsikata carrying on in the absence of his counsel, who had
written to the Court about his need to travel outside the
country denied Tsatsu Tsikata his constitutional right to
counsel of his own choice and thus denied him a right to a
fair trial.
9. Tsatsu Tsikata has not been proved beyond reasonable
doubt to have committed any crime.
10. Tsatsu Tsikata has given selfless service to his country
in many capacities including a law lecturer in the Law
Faculty of University of Ghana and as Chief Executive
officer of GNPC. This is not the way to repay him.
GNA
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