A former Chief Executive Officer (CEO) of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata, who was jailed in 2008 for wilfully causing financial loss to the state, has been cleared of any wrongdoing by the Court of Appeal.
In a judgement yesterday that overturned the decision of the Accra Fast Track High Court, the three-member panel described Mr Tsikata’s conviction as a miscarriage of justice and, therefore, acquitted and discharged him.
It held that the trial High Court judge failed to adhere to the legally acceptable procedure in convicting Mr Tsikata.
“The procedure adopted by the trial High Court judge has occasioned a miscarriage of justice, as it departs from the rules which permeate all judicial procedures.
“The judgement of the trial High Court delivered on June 18, 2008, is set aside and the appellant (Tsikata) is hereby acquitted and discharged on all four counts,’’ the court held.
The judgement was read by Mr Justice Dennis Dominic Adjei, with Mr Justice S. E. Kanyoke presiding. The other member of the panel was Mr Justice F. Kusi Appiah.
Justice
In a reaction after his acquittal, Mr Tsikata, thanked God for his acquittal and discharge.
Quoting Psalm 94:5, he said the court had showed that he was not treated fairly and was initially denied the justice that he deserved.
“Justice will again be found in the court and all righteous people will support it. I think justice has been found in the court,’’ he said.
Background
Mr Tsikata was sentenced to five years’ imprisonment by the Accra Fast Track High Court on June 18, 2008 for causing financial loss to the state through a loan that the GNPC guaranteed for Valley Farms, a private cocoa-growing company.
He was found guilty on three counts of wilfully causing financial loss of GH¢230,000 to the state and another count of misapplying public property.
His trial started in 2002 and travelled back and forth the court ladder until his sentence, which generated a lot of controversy.
Valley Farms contracted the loan from Caisse Francaise de Development in 1991 but defaulted in the payment and the GNPC, which acted as the guarantor, was compelled to pay it in 1996.
Mr Tsikata was unconditionally pardoned by former President J.A. Kufuor on his last day in office but he rejected the pardon and insisted that he would appeal the decision of the High Court.
Appeal
In his appeal, Mr Tsikata argued that the judgement by the High Court that led to his imprisonment was unreasonable and not supported by evidence.
He said the trial judge erred in law in deciding that financial loss had been caused simply because payment of money had been made by the GNPC.
The trial judge, he said, also erred in law in referring to an extraneous matter that was not part of the record in her judgement.
He further argued that the judge erred in law in pronouncing judgement when she had previously stated that she was awaiting the decision of the Supreme Court on the question of whether the International Finance Corporation (IFC) was amenable to the jurisdiction of the court of Ghana when the decision of the Supreme Court was to be pronounced on June 25, 2008.
IFC dimension
In upholding Mr Tsikata’s appeal, the Court of Appeal was of the view that the High Court ought to have stayed proceedings of the case when Mr Tsikata appealed to the Supreme Court with regard to whether the IFC could appear before a court in Ghana or not.
The court held that the High Court had already ordered a stay of proceedings pending the determination of the case at the Supreme Court and, therefore, it had to abide by that decision.
It further held that the trial judge did not act fairly when it gave the judgement leading to Mr Tsikata’s imprisonment, although the business for that day did not include the judgement.
“The trial judge, in vacating the order for a stay of proceedings, did not exercise its discretionary powers in accordance with due process of law and, therefore, occasioned a miscarriage of justice to the appellant (Tsikata),’’ the court held.
Pardon
The court also held that it was legally acceptable for Mr Tsikata to embark on the appeal, despite the pardon granted him by former President Kufuor.
According to the court, pardon did not exonerate a person who had been imprisoned but it merely “takes away the pain of incarceration’.’
“Where the appellant is acquitted, all previous findings of fact made against him and the judgement cannot be used in any forum to attack his credibility or disqualify him from holding any public office,’’ it held.
Join GhanaStar.com to receive daily email alerts of breaking news in Ghana. GhanaStar.com is your source for all Ghana News. Get the latest Ghana news, breaking news, sports, politics, entertainment and more about Ghana, Africa and beyond.
