Tsatsu Objects To Judge Brobbey Sitting

By Stephen K. Effah
Thursday, 17 July 2008

The convicted former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, yesterday sprang another surprise at the Supreme Court when he requested Justice Stephen Alan Brobbey, to "recuse" himself from the five-member panel hearing his application to quash Justice Henrietta Abban’s June 18, decision.

He argued that Justice Brobbey was once a member of a committee of inquiry set up by the Chief Justice to investigate the conduct of Justice Henrietta Abban, thus giving him an informed opinion of her, which could influence his case before the Supreme Court.

He told the packed court presided over by Justice Sophia Akuffo, that at the last adjournment, the issue of Justice Brobbey’s involvement in the committee that investigated Justice Abban’s conduct had not come to his notice, noting he was informed recently.

Mr Tsikata on June 25, filed a motion at the highest court to invoke its supervisory jurisdiction to quash the decision of Justice Abban, and had gone there yesterday for its ruling on whether to quash his conviction or not.

Mr Tsikata was handed a five-year jail term by an Accra Fast Track High Court presided over by Justice Abban, on June 18, on three counts of causing financial loss to the state and misapplying state property.

According to Mr. Tsikata, Justice Abban’s guilty verdict and subsequent five-year sentence should be scrapped to enable the Supreme Court to rule on his appeal for the International Finance Corporation (IFC) to be brought to court to give evidence in the case of which he was convicted of.

Although Mr Tsikata’s decision to get Justice Brobbey off the panel did not go down well with him, he expressed his readiness to step aside if Mr. Tsikata thinks his inclusion could have any effect in determining his case.

"On the basis of this undeniable fact, if you believe that will cloud your case, I will tell the Chief Justice to get another judge to replace me", he told Mr. Tsikata.

Justice Akuffo then told Mr Tsikata that the Chief Justice will be informed about his request to get a replacement for Justice Brobbey, and adjourned the case sine dine.

Mr Tsikata was convicted on June 18, after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying public property worth GH¢2,000.

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.

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.

Mr Tsikata said in the lower court’s verdict ahead of the Supreme Court’s pronouncement on IFC’s immunity amounted to undermining its authority and should not be allowed to stand.