Tsatsu Tsikata's jail term: A-G wants more years
Gilbert Boyefio
20/08/2008
Tsatsu Tsikata The Minister of Justice and Attorney-General's Department has filed an appeal at the Court of Appeal seeking an increase in the jail sentence of a former Chief Executive Officer of the Ghana National Petroleum Corporation, Tsatsu Tsikata.
According to the motion paper filed by Valeria Amate, Chief State Attorney, on behalf of the Attorney-General on August 8 2008, the Republic is dissatisfied with the sentence of five years in hard labour imposed on Tsatsu Tsikata by Her Ladyship Justice Henrietta Abban, sitting as an additional High Court Judge, on June 18, 2008.
The A-G, by this appeal, is seeking a relief from the Appeals Court to enhance the sentence of Tsatsu Tsikata. On the grounds of appeal, the A-G is of the view that the sentence handed down to Tsatsu Tsikata was not proportionate, having regard to the gravity of the offence.
The A-G has further expressed in the motion paper that additional grounds would be filed on receipt of the certified true copy of the court's judgment and proceedings.
On June 18 this year, an Accra Fast Track High Court presided over by Justice Henrietta Abban, sentenced Tsatsu Tsikata to a 5-year jail term for willfully causing financial loss to the state and misapplying public funds. He was sentenced on each count, to run concurrently.
The court found him guilty on all the 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 Tsikata pleaded not guilty to all the charges and was on bail.
According to the judge, it had been the prosecution’s case that the law setting up the GNPC specified areas in which the Corporation could invest.
She was of the view that the processing of cocoa could not lead to the production of oil. She pointed out that the prosecution had proved their case beyond any reasonable doubt that Tsikata was culpable for the offences he had been charged with.
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.
Since his sentence, Tsatsu Tsikata has filed several appeals at the Supreme Court, Court of Appeals and the High Court, challenging his imprisonment. He has further accused the trial judge, Justice Abban of bias.
Tsatsu has also questioned the impartiality of two Supreme Court Judges on the grounds that Justice Brobbey was part of the committee that sat on the case of bias against Justice Henrietta Abban in the case of Daniel Abodakpi one time Deputy Minister for Trade and Industry, whilst Justice Anin Yeboah also was part of the panel that ruled on the IFC.
20/08/2008
Tsatsu Tsikata The Minister of Justice and Attorney-General's Department has filed an appeal at the Court of Appeal seeking an increase in the jail sentence of a former Chief Executive Officer of the Ghana National Petroleum Corporation, Tsatsu Tsikata.
According to the motion paper filed by Valeria Amate, Chief State Attorney, on behalf of the Attorney-General on August 8 2008, the Republic is dissatisfied with the sentence of five years in hard labour imposed on Tsatsu Tsikata by Her Ladyship Justice Henrietta Abban, sitting as an additional High Court Judge, on June 18, 2008.
The A-G, by this appeal, is seeking a relief from the Appeals Court to enhance the sentence of Tsatsu Tsikata. On the grounds of appeal, the A-G is of the view that the sentence handed down to Tsatsu Tsikata was not proportionate, having regard to the gravity of the offence.
The A-G has further expressed in the motion paper that additional grounds would be filed on receipt of the certified true copy of the court's judgment and proceedings.
On June 18 this year, an Accra Fast Track High Court presided over by Justice Henrietta Abban, sentenced Tsatsu Tsikata to a 5-year jail term for willfully causing financial loss to the state and misapplying public funds. He was sentenced on each count, to run concurrently.
The court found him guilty on all the 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 Tsikata pleaded not guilty to all the charges and was on bail.
According to the judge, it had been the prosecution’s case that the law setting up the GNPC specified areas in which the Corporation could invest.
She was of the view that the processing of cocoa could not lead to the production of oil. She pointed out that the prosecution had proved their case beyond any reasonable doubt that Tsikata was culpable for the offences he had been charged with.
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.
Since his sentence, Tsatsu Tsikata has filed several appeals at the Supreme Court, Court of Appeals and the High Court, challenging his imprisonment. He has further accused the trial judge, Justice Abban of bias.
Tsatsu has also questioned the impartiality of two Supreme Court Judges on the grounds that Justice Brobbey was part of the committee that sat on the case of bias against Justice Henrietta Abban in the case of Daniel Abodakpi one time Deputy Minister for Trade and Industry, whilst Justice Anin Yeboah also was part of the panel that ruled on the IFC.
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