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Supreme Court to rule on IFC's
immunity on November 28
Accra, Nov. 27, GNA - The Supreme Court will on Wednesday,
November 28, decide on whether or not the Country Director
of the International Finance Corporation (IFC) should be
invited to testify in the case in which Tsastu Tsikata,
former boss of the Ghana National Petroleum Corporation, is
being tried by an Accra Fast Track High Court for wilfully
causing financial loss to the state.
The Fast Track Court had adjourned the matter to December 6,
to enable the Supreme Court to dispose of the application.
On November 30, the Supreme Court will hear an appeal
application filed by Tsatsu against the Court of Appeal's
decision reached on December 19, 2006, that the Country
Director of IFC is immune from testifying in his case.
As a result of these developments, the Fast Track Court on
October 31 adjourned the matter to December 6, to enable the
Supreme Court to decide on the two applications brought
before it by Tsatsu.
If the Supreme Court dismisses the applications, then the
trial court will, on December 6, fix a date to deliver its
judgment in Tsatsu's case, because both the prosecution and
the defence have rested their cases.
On the grounds of appeal, Professor Emmanuel Victor Oware
Dankwa, counsel for Tsatsu, avers that the Court of Appeal
gravely erred when it used a statutory provision on immunity
of the International Monetary Fund (IMF) from judicial
process to decide the issue before them about immunity of
the IFC.
Counsel further avers that based on the grave error of using
a statutory provision on the immunity of the IMF, when the
case concerns the IFC, the Court of Appeal further erred in
failing to enforce the constitutional rights of his client
to a fair trial and to have a witness attend to give
evidence in the case.
Furthermore, counsel avers that the Court of Appeal erred in
failing to appreciate that the High Court, having issued a
subpoena to the IFC Country Director to attend court to give
evidence and produce documents, was misled to set aside that
order on the basis of counsel for the IFC relying on a
statutory provision relating to the IMF.
Counsel also avers that the Court of Appeal erred in failing
to appreciate that certain immunities provided for specified
officials of the IFC only related to their own acts, and not
to acts of others, for example, consultants of the
corporation who were not among those specified and in
respect of whose acts therefore no immunity from testifying
could be invoked by the specified officials.
Tsatsu has pleaded not guilty to the charges preferred
against him, and is on a self-recognisance bail.
GNA
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