Ivy Benson
14 January 2009
An Accra Fast Track High Court (FTC) has granted self-recognisance bail to the former Chief Executive Officer of the Ghana National Petroleum Corporation (GNPC), Mr. Tsatsu Tsikata, in the sum of GH¢1 million.
The court, presided over by Justice Edward Amoako Asante, granted the bail yesterday, following a legal argument advanced by counsel for the former GNPC boss, regarding a bail application pending appeal, which was filed before the court for adjudication.
The court was of the view that justice delayed was justice denied, emphasising that the issue was before the Attorney General's Department long enough for the issues to be dealt with.
According to the court, counsel for Tsikata had showed enough, as well as adequate basis to warrant that bail be granted the former GNPC boss, who had been on hospital admission at the Cardiothoracic Centre of the Korle-Bu Teaching Hospital, for an acute asthma attack he suffered while in prison custody, at the Nsawam Medium Security Prisons.
Mr. Tsikata, who was convicted to five years imprisonment for causing financial loss to the state, and later on received an unconditional Presidential pardon, noted that he would use the legal process to gain his freedom, since the presidential pardon given him was contestable in court.
Providing the basis before the court, upon which his client should be granted bail, Prof E. V. O. Dankwa noted that the appeal against the conviction of the former GNPC boss stood a good chance of success.
Counsel argued that the trial judge, Justice Henrietta Abban, erred in law, when she took into consideration matters that were incorrect, as far as evidence put before her was concerned, as she noted in her judgement that the former GNPC boss was a member of the Provisional National Defence Council (PNDC) that enacted the law for causing financial loss to the state.
Additionally, Prof. Dankwa noted that the trial judge backtracked on her earlier ruling of awaiting the final judgement from the Supreme Court, on the immunity status of the International Financial Cooperation (IFC), initiated by Mr. Tsikata on appeal, before pronouncing her final judgment.
According to counsel, the trial judge further showed manifest bias against his client, as he was not notified that judgment would be pronounced on June 18, 2008, adding that it was wrong for the trial judge to claim that an investment in a cocoa business was unrelated to crude oil business.
To counsel, there was no challenge to the fact that foreign exchange from the cocoa was needed for the importation of crude oil for the country's use.
Prof. Dankwa further raised issues he considered unusual circumstances, on the day of judgement, complaining of the unusual number of police presence at the court.
He also provided evidence of a medical report issued on the health status of the former GNPC boss, which indicated that he may not survive another asthmatic attack, when he is continuously kept in prison custody, as a result of the dusty and overcrowding nature of the prison, since the medical facility to adequately cater for him was not near the prison.
Counsel noted that the presidential pardon granted his client, should not have been made when Mr. Tsikata was still contesting the issues of his conviction in court for total acquittal, stressing that the pardon could be contested and reversed in court.
On the part of the Principal State Attorney, Yvonne Atakora Obuobisa, the application had been taken over by circumstances, and should therefore not appear before the court.
She requested for a short time, to enable them file their supplementary affidavit, to be able to argue their stance before the court.
According to her, the delay on their part had been caused by the absence of an Attorney General for sometime now, in view of that fact that the Attorney General's Department receives instructions from an Attorney General.
The present application for bail, pending appeal, was ordered by the Court of Appeal to be re-adjudicated after the trial judge had earlier dismissed application.
Tsikata was slapped with a-five-year jail term, by the FTC on June 18, last, after he was found guilty on three counts of willfully causing financial loss to the state, and an additional count of intentionally misapplying public property on a limited liability company.
His objection to the continued determination of the case, by the trial judge, in his petition to the Chief Justice, was made minutes after he was convicted.
Tsikata was convicted, after six years of trial, on three counts of causing financial loss to the state and one count of intentionally misapplying public property by guaranteeing a loan of 5.5 million French Francs from Caisse Française de Developpement, a French company, to Valley Farms, a limited liability company.
He was further accused of using a total amount of ¢20 million, belonging to the GNPC, to acquire shares in the French company, when he was in office.
It was the case of the prosecution that Valley Farms, subsequently, defaulted in the payment of the loan, as a result of which the GNPC settled the debt, when it was requested to do so.
Tsikata denied all the accusations and he had continuously sought legal means to clear his reputation.
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