Friday, 11 July 2008
The jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata, and the Minister of Justice and Attorney-General, Joe Ghartey, yesterday went beyond their legal prowess to surprise a packed Fast Track Court in Accra, when they used the Holy Bible to cast innuendos at each other to argue their case.Mr. Tsikata who was handed a five-year jail term on June 18, by Justice Henrietta Abban, at a Fast Track High Court after he was found guilty of wilfully causing financial loss to the state, has applied to the court for a mini trial of Justice Abban to enable him prove alleged bias against her.
The exhibition of their grasp of the Holy Bible began after the two parties argued out their case in a heated exchange over a motion filed by Mr.Ghartey yesterday morning to stay proceedings of the mini trial, presided over by Justice Ofori Attah.
Ending his argument, Mr. Tsikata said: "My Lord, I want to end my case with a respectful authority; that is Jesus" as he quoted Luke chapter 12, which in verses 2,3 reads: "…But there is nothing covered up that will not be revealed, nor hidden that will not be known…
"Therefore whatever you have said in the darkness will be heard in the light. What you have spoken in the ear in the inner chambers will be proclaimed on the housetops..."
The A-G got up and responded: "Amen" to Tsikata’s Bible quotation. Then he also ended his argument, by craving the indulgence of the court and quoting extensively from Mathew Chapter Five, verses 13 of which read: "…You are the salt of the earth. But if the salt loses its savour, wherewith shall it be salted? It is good for nothing anymore but to be cast out, and to be trodden on by men..."
Although Mr. Tsikata, was not served with the motion to stay proceedings until he was in court yesterday, he waived the four days privilege within which to respond to the motion, and urged the judge to proceed with the matter after he was given about an hour to go through it.
The three-man prosecution team, led by Mr Ghartey argued that Mr. Tsikata had filed an application at the Supreme Court to quash the June 18 decision by Justice Abban, noting that the essence of that application and the one before the Fast Track Court sought to achieve one purpose.
He said all the reprieves being sought by Mr. Tsikata at the highest court of the land are the same he is seeking in the mini trial at the Fast Track Court, adding, "such a situation can lead to absurdity."
However, Mr. Tsikata, who has since his incarceration, been appearing without his counsel, told the court that Mr. Ghartey has "failed to appreciate the import of the application before you and that of the Supreme Court".
He said the one before the Supreme Court has "absolutely nothing to do with the judgement by Justice Abban" on June 18, as claimed by the A-G, adding, "this is a complete lack of candour. This lack of candour by the A-G should not be treated lightly.
"This is not only lacking in candour but also in legal merit because the impression being created before you is wrong," he argued, saying "my lord, the candour should be heard even before the substance of the issue."
His comment did not go down well with Mr. Ghartey who immediately interrupted and indicated that if Mr. Tsikata were to be a lawyer at the bar, he would have been made to apologise.
Continuing, Mr. Tsikata insisted that the A-G even failed to attach some important documents to the motion of stay of proceedings he filed.
But Mr. Ghartey said even if that was the case, Mr Tsikata cannot dwell on that to attack his integrity.
"My Lord, he can say what I have done is wrong in law but not to say that I have not been candid or truthful," the A-G responded.
But Mr. Tsikata repeatedly referred to the A-G as lacking "candour".
"You cannot do that because you are not a lawyer at the bar to be disciplined," he told Mr. Tsikata. But Mr. Tsikata maintained his position and quoted Article 296, saying that even a judge can be said to be lacking candour.
The judge, Justice Ofori Attah, then adjourned the case to July 15, to give his judgement on whether to put Justice Abban on a mini trial for alleged bias or not.
Mr. Tsikata has since his sentencing, accused the judge, Justice Abban of bias in the trial and opposed her hearing an application for bail pending appeal against his conviction.
He then petitioned the Chief Justice, Mrs Georgina Wood, to intervene, but, the CJ advised that the matter should be determined by a court of competent jurisdiction rather than administratively in order that the grave issues that had been raised be determined judicially for the appropriate orders to be made".
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