Tsikata gets 5 years: For causing financail loss to the state
Gilbert Boyefio
19/06/2008
An Accra Fast Track High Court presided by Justice Henrietta Abban yesterday sentenced Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation to a 5-year jail term for wilfully causing financial loss and misapplying public funds.
The court found him guilty on all the three counts of causing financial loss of about ¢2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991, and also for misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise Du Development in 1991, but defaulted in payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996. Mr Tsikata pleaded not guilty to all the charges and was on bail.
He was sentenced to 5 years jail term on each count, to run concurrently. In court to give moral support to him was the NDC running mate, John Dramani Mahama.
According to the judge, it has been the prosecution case that the law setting up the GNPC specified areas in which the Corporation can invest. She was of the view that the processing of cocoa cannot lead to the production of oil. She pointed out that the prosecution has proved their case beyond any reasonable doubt that Tsikata is culpable for the offences he has been charged with.
Tsatsu Tsikata, who was in court yesterday to move an application he had filed, expressed shock and total surprise at the court's judgment.
In his motion on notice for taking of further evidence that he has filed at the Court, he had indicated that the court trying him has no other legal option than to acquit him. He said in view of admissions made by the prosecution and new evidence that had been adduced as the trial proceeded, there was no legal basis for his trial to continue.
However, this motion was earlier struck out by the court for want of prosecution after Tsikata's counsel failed to turn up to move it.
When asked by the court whether he has anything to say before sentence is passed, Mr Tsikata argued that his counsel was not in court for a good reason of which the court has been informed. He also pointed out that he has an application before the Supreme Court which outcome can have an impact on the court’s sentence. This mitigation was not taken by the court.
At this juncture, Mr Tsikata who had started losing his composure engaged the judge in a series of arguments which the judge described as "rude to the court." In the absence of his lawyer, he orally applied for bail pending appeal. This was opposed by the prosecution on the grounds that the application was strange to the law. Yvonne Obuobisa, a Senior State Attorney, argued that there is no notice of appeal pending before the court and that "we cannot put something on nothing". She said the application must follow the due process of law.
Mrs Obuobisa pointed out that even if there is an appeal pending, the prosecution will oppose it because Tsikata has not given any reasons as required by the law for his application.
She explained that bail pending an appeal can be only granted based on certain factors such as an exceptional or unusual circumstance, when there is any likelihood of the appeal succeeding, and whether the appeal is going to be delayed.
A now subdued Tsikata acknowledged the court’s power over his liberty, but argued that there are exceptional or unusual circumstances under which his appeal would succeed. He explained that there was no indication from the court that judgment would be passed yesterday, since the court has adjourned the case on numerous occasions to wait for the outcome of the Supreme Court ruling on an aspect of the case before it. He expressed surprise at the decision of the court to pass the judgment yesterday and indicated that it has put him at a disadvantage.
He told the court that in the absence of his counsel he has to undertake the appropriate steps in his appeal and therefore will need his freedom to do that.
The Supreme Court is yet to rule on Tsikata’s appeal seeking to bring the International Finance Corporation to testify in his criminal trial.
The Court of Appeal and the Fast Track High Court have already ruled that the IFC has immunity from the processes of the courts, but Tsikata insists that failure to get the IFC to testify "will occasion a miscarriage of justice."
The case started in 2002 and at a point in time, the Supreme Court ruled that the Fast Track Court trying the case was unconstitutional. This was after Tsikata had challenged its constitutionality. The decision was however, overturned later in a judicial review.
Reactions to Tsikata’s sentencing have been varied. The Executive Director of Legal Resource Centre, Edward Amuzu, described Tsikata’s 5 years sentence as sad, not because of the basis of the judgment, but because of his illustrious personality. He pointed out that until he read the judgment, it will be very difficult to give a critical analysis on the court’s decisions.
He however held that every accused person has the Constitutional right to legal representation and also reasonable time to move a case in court. He said for these things to be ignored by the court during yesterday’s sitting means something was not right somewhere. He refused to read any political meaning into the judgment, noting, "I do not have any basis to say that there is politics involved."
Meanwhile, the Upper East Regional chapter of the Tertiary Education Institutions Network, of the National Democratic Congress has called on loyal supporters and sympathisers of the party to remain calm and resolute to the party despite the sentence, reports Abdul Karim Naatogmah in Bolgatanga.
Amos Awinzor, Coordinator of the group in a press release issued yesterday said his imprisonment is a calculated attempt to cause the demise of the NDC and other minority parties in the country.
According to him, Nana Konadu Agyemang Rawlings, wife of former President Rawlings is not far from following suit before this year’s general elections in December. He wondered why such a "harsh decision" could be taken at a time the whole nation is working towards national reconciliation.
Amos Awinzor however called for the stay of the law on causing financial loss to the state to stay since according to him, "No condition is permanent".
19/06/2008
An Accra Fast Track High Court presided by Justice Henrietta Abban yesterday sentenced Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation to a 5-year jail term for wilfully causing financial loss and misapplying public funds.
The court found him guilty on all the three counts of causing financial loss of about ¢2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991, and also for misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise Du Development in 1991, but defaulted in payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996. Mr Tsikata pleaded not guilty to all the charges and was on bail.
He was sentenced to 5 years jail term on each count, to run concurrently. In court to give moral support to him was the NDC running mate, John Dramani Mahama.
According to the judge, it has been the prosecution case that the law setting up the GNPC specified areas in which the Corporation can invest. She was of the view that the processing of cocoa cannot lead to the production of oil. She pointed out that the prosecution has proved their case beyond any reasonable doubt that Tsikata is culpable for the offences he has been charged with.
Tsatsu Tsikata, who was in court yesterday to move an application he had filed, expressed shock and total surprise at the court's judgment.
In his motion on notice for taking of further evidence that he has filed at the Court, he had indicated that the court trying him has no other legal option than to acquit him. He said in view of admissions made by the prosecution and new evidence that had been adduced as the trial proceeded, there was no legal basis for his trial to continue.
However, this motion was earlier struck out by the court for want of prosecution after Tsikata's counsel failed to turn up to move it.
When asked by the court whether he has anything to say before sentence is passed, Mr Tsikata argued that his counsel was not in court for a good reason of which the court has been informed. He also pointed out that he has an application before the Supreme Court which outcome can have an impact on the court’s sentence. This mitigation was not taken by the court.
At this juncture, Mr Tsikata who had started losing his composure engaged the judge in a series of arguments which the judge described as "rude to the court." In the absence of his lawyer, he orally applied for bail pending appeal. This was opposed by the prosecution on the grounds that the application was strange to the law. Yvonne Obuobisa, a Senior State Attorney, argued that there is no notice of appeal pending before the court and that "we cannot put something on nothing". She said the application must follow the due process of law.
Mrs Obuobisa pointed out that even if there is an appeal pending, the prosecution will oppose it because Tsikata has not given any reasons as required by the law for his application.
She explained that bail pending an appeal can be only granted based on certain factors such as an exceptional or unusual circumstance, when there is any likelihood of the appeal succeeding, and whether the appeal is going to be delayed.
A now subdued Tsikata acknowledged the court’s power over his liberty, but argued that there are exceptional or unusual circumstances under which his appeal would succeed. He explained that there was no indication from the court that judgment would be passed yesterday, since the court has adjourned the case on numerous occasions to wait for the outcome of the Supreme Court ruling on an aspect of the case before it. He expressed surprise at the decision of the court to pass the judgment yesterday and indicated that it has put him at a disadvantage.
He told the court that in the absence of his counsel he has to undertake the appropriate steps in his appeal and therefore will need his freedom to do that.
The Supreme Court is yet to rule on Tsikata’s appeal seeking to bring the International Finance Corporation to testify in his criminal trial.
The Court of Appeal and the Fast Track High Court have already ruled that the IFC has immunity from the processes of the courts, but Tsikata insists that failure to get the IFC to testify "will occasion a miscarriage of justice."
The case started in 2002 and at a point in time, the Supreme Court ruled that the Fast Track Court trying the case was unconstitutional. This was after Tsikata had challenged its constitutionality. The decision was however, overturned later in a judicial review.
Reactions to Tsikata’s sentencing have been varied. The Executive Director of Legal Resource Centre, Edward Amuzu, described Tsikata’s 5 years sentence as sad, not because of the basis of the judgment, but because of his illustrious personality. He pointed out that until he read the judgment, it will be very difficult to give a critical analysis on the court’s decisions.
He however held that every accused person has the Constitutional right to legal representation and also reasonable time to move a case in court. He said for these things to be ignored by the court during yesterday’s sitting means something was not right somewhere. He refused to read any political meaning into the judgment, noting, "I do not have any basis to say that there is politics involved."
Meanwhile, the Upper East Regional chapter of the Tertiary Education Institutions Network, of the National Democratic Congress has called on loyal supporters and sympathisers of the party to remain calm and resolute to the party despite the sentence, reports Abdul Karim Naatogmah in Bolgatanga.
Amos Awinzor, Coordinator of the group in a press release issued yesterday said his imprisonment is a calculated attempt to cause the demise of the NDC and other minority parties in the country.
According to him, Nana Konadu Agyemang Rawlings, wife of former President Rawlings is not far from following suit before this year’s general elections in December. He wondered why such a "harsh decision" could be taken at a time the whole nation is working towards national reconciliation.
Amos Awinzor however called for the stay of the law on causing financial loss to the state to stay since according to him, "No condition is permanent".
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