The twists and turns in Tsatu Tsikata's case
Gilbert Boyefio
24/07/2008
Justice S A Brobbey, who last week removed himself from the original panelists sitting on the criminal appeal of Tsatsu Tsikata yesterday again recused himself from the case in which the continuous stay of Daniel Abodakpi as Member of Parliament for Keta is being questioned.
Giving reasons behind his decision, Justice Brobbey explained that his decision to recuse himself from the Abodakpi case was because the matter which Tsatsu referred to has a bearing on the present case.
Tsatsu had argued that Justice Brobbey was a member of the committee of enquiry which investigated an allegation of bias against Justice Henrietta Abban in the case of Daniel Abodakpi which essentially had nothing to do with Tsatsu Tsikata vrs the Republic or any case related to him or matters concerning him.
Justice Brobbey observed that his action was not because he agrees with the argument advanced by Tsatsu, which has a bearing on the present case, but rather to preserve his dignity and the reputation of the court which would have been at stake. He further described Tsatsu's argument concerning his impartiality as "illogical".
He pointed out that because someone has been part of a panel in a particular case that ruled in a particular direction does not mean that same person can not be fair and therefore rule in the same direction as previously in another case that any of the former actors are parties to, describing any such assumption as wrong.
He observed that if he does not recuse himself from the panel Tsatsu will have the grounds to raise issues against the judgment of the court when it does not go in his favour. He was of the view that Tsatsu's argument was to whip up public sentiments which he indicated should not be entertained.
He told the court that he has informed the Chief Justice about his decision to recuse himself from cases involving Mr. Abodakpi and Mr. Tsikata.
Request by Tsatsu to have a say in the issues raised by Justice Brobbey in his decision was not allowed by Justice Sophia Akuffo who was presiding over the panel.
She explained that the present matter does not concern Tsatsu because he is not a party in it. She therefore adjourned the case sine dine for the panel to be reconstituted.
However, when the case in which Tsikata is seeking the Supreme Court to rule whether the IFC has immunity from the proceedings of the Ghanaian court was mentioned, he took the opportunity to react to Justice Brobbey’s decision.
He said Justice Brobbey’s statement to the court yesterday was not the right representation of what transpired in court when he recused himself. He indicated that he intends to call Justice Brobbey as a witness in the bias case against Justice Henrietta Abban.
The trial of the former Chief Executive Officer of the National Petroleum Corporation who is serving a five year jail term continues to be enmeshed in controversy as Justice Anin Yeboah who replaced Justice Brobbey also recused himself on Monday, bringing the number of judges who have recused themselves from his case to two.
Tsatsu has questioned the impartiality of the 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, whilst Justice Anin Yeboah also was part of the panel that ruled on the IFC matter at the Appeals court.
24/07/2008
Justice S A Brobbey, who last week removed himself from the original panelists sitting on the criminal appeal of Tsatsu Tsikata yesterday again recused himself from the case in which the continuous stay of Daniel Abodakpi as Member of Parliament for Keta is being questioned.
Giving reasons behind his decision, Justice Brobbey explained that his decision to recuse himself from the Abodakpi case was because the matter which Tsatsu referred to has a bearing on the present case.
Tsatsu had argued that Justice Brobbey was a member of the committee of enquiry which investigated an allegation of bias against Justice Henrietta Abban in the case of Daniel Abodakpi which essentially had nothing to do with Tsatsu Tsikata vrs the Republic or any case related to him or matters concerning him.
Justice Brobbey observed that his action was not because he agrees with the argument advanced by Tsatsu, which has a bearing on the present case, but rather to preserve his dignity and the reputation of the court which would have been at stake. He further described Tsatsu's argument concerning his impartiality as "illogical".
He pointed out that because someone has been part of a panel in a particular case that ruled in a particular direction does not mean that same person can not be fair and therefore rule in the same direction as previously in another case that any of the former actors are parties to, describing any such assumption as wrong.
He observed that if he does not recuse himself from the panel Tsatsu will have the grounds to raise issues against the judgment of the court when it does not go in his favour. He was of the view that Tsatsu's argument was to whip up public sentiments which he indicated should not be entertained.
He told the court that he has informed the Chief Justice about his decision to recuse himself from cases involving Mr. Abodakpi and Mr. Tsikata.
Request by Tsatsu to have a say in the issues raised by Justice Brobbey in his decision was not allowed by Justice Sophia Akuffo who was presiding over the panel.
She explained that the present matter does not concern Tsatsu because he is not a party in it. She therefore adjourned the case sine dine for the panel to be reconstituted.
However, when the case in which Tsikata is seeking the Supreme Court to rule whether the IFC has immunity from the proceedings of the Ghanaian court was mentioned, he took the opportunity to react to Justice Brobbey’s decision.
He said Justice Brobbey’s statement to the court yesterday was not the right representation of what transpired in court when he recused himself. He indicated that he intends to call Justice Brobbey as a witness in the bias case against Justice Henrietta Abban.
The trial of the former Chief Executive Officer of the National Petroleum Corporation who is serving a five year jail term continues to be enmeshed in controversy as Justice Anin Yeboah who replaced Justice Brobbey also recused himself on Monday, bringing the number of judges who have recused themselves from his case to two.
Tsatsu has questioned the impartiality of the 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, whilst Justice Anin Yeboah also was part of the panel that ruled on the IFC matter at the Appeals court.
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