By Stephen K. Effah
Wednesday, 23 July 2008
The jailed former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, caused yet another surprise at the Supreme Court yesterday when he expressed qualms about a new judge on the five-member panel hearing his motion to quash the five-year verdict handed him last month.
This comes barely a week after he raised an objection to the empanelling of Justice Stephen Alan Brobbey because Justice Brobbey investigated allegations of bias against Justice Henrietta Abban, the judge who convicted him.
His objection at last week’s sitting necessitated the reconstitution of the panel to include Justice Anin Yeboah, but when the case was called yesterday, Mr.Tsikata said: "It amazes me that Justice Anin Yeboah has replaced Justice Brobbey."
He contended that Justice Yeboah, who was an Appeal Court Judge, once sat on an aspect of his case on whether the International Finance Corporation has immunity over Ghanaian courts or not, which the Court of Appeal dismissed.
Mr. Tsikata told the court that Justice Yeboah should have known that when he was selected to replace Justice Brobbey, he should not have waited for him to draw his attention to it.
In spite of the misgivings expressed about Justice Yeboah, Mr. Tsikata urged the court to proceed hearing his case. However, after a snap consultation by the panel, the presiding Judge, Justice Sophia Akuffo announced that Justice Yeboah had agreed to "recuse" himself from the panel, meaning he has declared himself disqualified to participate in the case.
Although Mr. Tsikata maintained that the court should proceed with hearing his application, Justice Akuffo disagreed, noting that legally, once a misgiving has been expressed about a judge or issues of conflict of interest have been expressed, it is appropriate that the judge recuses himself.
In recusal, not even the Chief Justice can ask the judge to be part of the panel, Justice Akuffo indicated, and told Mr.Tsikata that she would inform the Chief Justice about the new development for the panel to be reconstituted for the second time.
Hearing was, thus adjourned sine dine.
Mr Tsikata on June 25, filed a motion at the Supreme 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 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.
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 for which he was convicted.
Meanwhile, Mr. Tsikata is due this morning to appear before the Fast Track High Court which convicted him to move his application for bail.
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