Tsikata moves to stop Mrs Justice
Abban from prosecuting her agenda
Accra, July 11, Ghanadot/GNA - Tsatsu Tsikata, Former Ghana
National Petroleum Corporation Chief Executive, has
initiated a process at a Fast Track High Court to stop Mrs
Justice Henrietta Abban, who incarcerated him, from hearing
his application for bail.
The Court presided over by Mr Justice K.A. Ofori Atta will
give its ruling on 15th July 2008.
In an affidavit accompanying his application, Tsikata said
he would provide evidence of bias of Mrs Justice Abban
before an independent forum -"trial within a trial" or "mini
trial".
He made reference to the example of the Sallah's case
during, which the Attorney - General in the Busia Government
made allegations of bias against two of the judges, Justice
Apaloo and Justice Sowah.
This led to a trial within a trial being conducted to
determine the issue of bias before the main case could
proceed.
At Thursday's sitting, Mr Joe Ghartey, Attorney - General
representing the Republic filed an application for stay of
proceedings of the trial within trial pending the decision
of another case before the Supreme Court. He argued that the
decision of the trial within trial could conflict with that
of the Supreme Court, saying the relief being sought at both
courts were the same.
Opposing the Attorney - General's motion, however, Mr.
Tsikata stated that the issues before the two courts were
different. He said the one before the High Court was to
determine bias on the part of Justice Abban while the one
before the Supreme Court was to determine if Justice Abban
was right in striking out an application to adjourn the case
and to allow fresh evidence in the main trial, which was
before her.
Mr Tsikata accused the Attorney - General of not being
truthful because he failed to annex all the supporting
documents he had indicated in his application for stay of
proceedings that he had annexed.
Mr Ghartey, however, objected to Mr Tsikata's assertion that
the application before the Court was incomplete.
He insisted the application was complete and that Mr Tsikata
did not have a choice.
Mr Tsikata when summing up his submission to the Court gave
a quotation from Holy Bible; Luke 12, "Beware of the leaven
of the Pharisees, which is hypocrisy. For there is nothing
covered that would not be revealed nor hidden that would not
be known...".
Mr Ghartey responded by saying Amen and also quoted: Matthew
5-9 "Blessed are the peace makers for they shall be called
the children of God".
Meanwhile, Mrs Justice Abban, who was expected to hear
Tsikata's application for bail pending appeal, failed to
show in court.
A letter dated 7th July 2008 informed the Court that Mrs
Justice Abban is still indisposed and the case has been
postponed to 22nd July 2008.
GNA
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