By Stephen K. Effah
Wednesday, 16 July 2008
A Fast Track High Court in Accra, yesterday suspended the mini trial requested by the jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata, to prove allegations of bias against Justice Henrietta Abban, the High Court judge, who convicted him last month.
This followed the success of an application filed by the Attorney-General, Joe Ghartey, on July 10, for the court to stay proceedings of the mini trial since its hearing could lead to "absurdity."
The A-G argued that the essence of the application and another one filed by Mr. Tsikata at the Supreme Court sought to achieve one purpose of determining allegation of bias against Justice Abban in her judgement.
Mr. Tsikata filed a motion at the Fast Track High Court, presided over by Justice K.A Ofori Atta, to disqualify Justice Abban from hearing his application for bail pending the outcome of an appeal he has filed against his sentence.
Ruling in favour of the A-G, the trial judge, Justice Ofori Atta, held that the application filed at the Supreme Court and the one before him have the same objective of determining alleged bias exhibited by Justice Abban in her ruling of June 18.
Justice Ofori Atta pointed out that the element of alleged bias by Justice Abban runs through Mr.Tsikata’s grounds in his applications before him and the Supreme Court, hence the two are related.
Mr. Tsikata was on June 18, sentenced to five years imprisonment by an Accra Fast Track High Court presided over by Justice Abban, 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.
At the time of his conviction, Mr. Tsikata was expected to appear before the Supreme Court the following week for the highest court’s ruling on whether the International Finance Corporation has immunity or not to testify in the case.
Immediately he was sentenced, Mr. Tsikata asked the court for bail to allow him to appeal against the decision of the judge but that request was refused by the court.
He later filed a notice of appeal seeking an order of the Court of Appeal to set aside the High Court’s decision because, he said, it was unreasonable and not supported by the evidence given.
On June 25, the Supreme Court suspended its ruling on the IFC’s immunity following Mr. Tsikata’s decision to "arrest" the court’s judgement and request for it to invoke its supervisory jurisdiction to quash his conviction by the High Court.
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