Wednesday, August 20, 2008

A-G Wants Tsikata's Jail Term Increased

By Stephen K. Effah
Wednesday, 20 August 2008


The Attorney-General has filed a notice of appeal at an Accra Fast Track High Court calling for "enhancement of sentence" for the jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata.

The notice, signed by a Chief State Attorney, Valerie Amate, said the "Republic is dissatisfied with the five-year sentence in hard labour imposed on Tsikata", describing it as "not proportionate having regard to the gravity of the offence".

According to the notice, the A-G is expected to file detailed grounds of appeal when it gets certified true copies of the June 18 proceedings and judgment by Justice Henrietta Abban.

Tsikata was jailed after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying GH¢2,000 in public property.

His conviction came exactly a week before the Supreme Court was to give its ruling on whether the International Finance Corporation has immunity or not to testify in his case.
But on June 25, when the Supreme Court was due to deliver its judgement on the matter,

Tsikata requested the court to "arrest" its judgement and invoke its supervisory jurisdiction to quash his conviction by the High Court.

He has since his sentence accused Justice Abban of bias, and requested a mini trial to enable him prove the allegation of bias against the judge but this has been suspended by the Fast Track High Court.

Further, a bail application filed by Tsikata to enable him appeal against his sentence was struck out on July 30 by Justice Abban for want of prosecution after Tsikata failed to move it on the grounds that he was seeking a mini trial to prove the allegation of bias against her.

Tsikata currently has a notice of appeal before the Court of Appeal, urging it to set aside the High Court’s decision since, he said, it was unreasonable and not supported by the evidence given.

Meanwhile, the Supreme Court has fixed October 16, to give its ruling on whether or not to quash the five-year jail term handed Tsikata.

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