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Tsikata appeals against conviction
Accra, June 18, Ghanadot/GNA - Tsatsu Tsikata, Former Chief
Executive of Ghana National Petroleum Company (GNPC), who
was sentenced to five years’ imprisonment for wilfully
causing financial loss to the State and misapplying public
property, has filed an appeal against his conviction saying
“the verdict is unreasonable and cannot be supported by the
evidence”.
He is therefore seeking an order to set aside the judgement
of the court and the sentence imposed on him.
In a notice of appeal on Wednesday signed by Tsikata
himself, as his lawyer Professor E. V. O. Dankwa, is out of
the country, he contended that the trial judge erred in law
in deciding that financial loss had been caused simply
because payment of monies had been made by GNPC.
According to him, the trial judge erred in law in deciding
that there was no provision for indemnity from Valley Farms
for the guarantee when the express terms of the guarantee
agreement gave GNPC a right of subrogation over the assets
of Valley Farms.
It said the trial judge erred in law in deciding that
because the said investment in Valley Farms was outside the
objects of GNPC, on her interpretation of the statute
setting up GNPC, financial loss had thereby been caused to
the state.
“The trial judge showed manifest bias against the
accused/appellant in the conduct of the trial and
particularly in relation to her decision this morning
(Wednesday) that she would proceed to give judgement when no
notice had been served on the accused to the effect that
judgement would be given today.”
According to Tsikata, the trial judge manifested her
determination to give a biased judgement by striking out an
application by his counsel to introduce further evidence
from admissions made by the Attorney-General during the
recent Supreme Court proceedings that there was no dispute
about the viability of the evidence when his counsel had
written to the court to explain his absence and requested a
date for the hearing date of the application.
He said the trial judge also erred in disregarding evidence
from the prosecution itself that made it clear that the
project in relation to which the charges had been brought
was a profitable investment which would have yielded
benefits to the nation and the GNPC.
Tsikata said the trial judge again erred in claiming that an
investment in a cocoa project was unrelated to the business
of government when there was uncontested evidence that
funding from the export of cocoa was critical to the
responsibility of GNPC to import crude oil for the country.
He noted that the trial judge again erred in holding that
the accused had admitted in a caution statement that he
authorized the GNPC Head of Finance to effect the payment in
the charge sheet.
“The trial judge erred in failing to appreciate the role
that Merchant Bank played as the trustee of GNPC resources
placed in the accounts and the significance of this role.”
An Accra Fast Track High Court on Wednesday sentenced
Tsikata to five years' imprisonment for wilfully causing
financial loss to the State and misapplying public property.
The court, presided over by Mrs Justice Henrrieta Abban
found Tsikata guilty on three counts of causing financial
loss to the State and one count of misapplying public
property and jailed him for five years on each count. The
sentences will run concurrently.
Tsikata was charged with three counts of wilfully causing
financial loss of GH¢ 230,000 (2.3 billion old Ghana cedis)
to the State through a loan he, on behalf of GNPC,
guaranteed for Valley Farms, a private company, and another
count of misapplying public property.
He is said to have intentionally misapplied GH¢ 2,000 (20
million old cedis) to acquire shares in Valley Farms.
Valley Farms contracted the loan from Caisse Centrale, now
Agence Française de Développement (ADF), but defaulted in
the payment, compelling GNPC as the guarantors, to pay the
loan in 1996.
He pleaded not guilty and was on a self-recognisance bail.
Tsikata was in court on Wednesday for the hearing of a
motion he had filed at the court but the court struck it out
earlier.
This was after Mr Joe Ghartey, Attorney General and Minister
of Justice, told the court that in the absence of the motion
not being moved, the motion should be struck out and the
court obliged.
The Judge further declared that she was going to read out
the judgement.
Tsikata, who had filed another motion before the Supreme
Court fixed for June 25 for hearing, stood throughout the
judgement, which took almost two hours.
Top officials and supporters of the National Democratic
Congress (NDC) including the Founder, Former President Jerry
John Rawlings, the Flag bearer Professor John Evans Atta
Mills, the running mate, John Dramani Mahama, Dr Kwabena
Adjei, National Chairman, Mr Johnson Aseidu-Nketia, General
Secretary, Madam Shirley Ayittey, an aide to former First
Lady, Nana Konadu Agyemang Rawlings, Esther, wife of Tsikata
and General Arnold Quainoo, Former Chief of Defence Staff
came to the court to sympathise with Tsikata.
Ms Ama Benyiwa-Doe, NDC National Women’s Organiser, wept
uncontrollably and was consoled by a member of the Party.
GNA
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