The Court of Appeal on Monday July 4 resurrected the nine-year-old legal tussle between the former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata, and the State.
The Supreme Court had ruled in that the International Finance Corporation (IFC) is not immune from Ghana’s judicial processes.
The immunity or otherwise of the IFC was in contention following Mr. Tsikata’s request that the corporation be invited to testify in the case in which he had been charged with three counts of wilfully causing financial loss of GH¢230,000 to the state through a loan he, on behalf of the GNPC, guaranteed for Valley Farms, a private cocoa producing company, and another count of misapplying GH¢2,000 in public property.
On June 18, 2008, Mr. Tsikata was found guilty and sentenced to five years’ imprisonment on each count to run concurrently but he was pardoned in December 2008 by former President J.A. Kufuor.
Mr. Tsikata, however, rejected the pardon, but prison officials refused his request to stay in prison to fight his cause to the end.
At the Appeal Court’s sitting in Accra on Monday, the Court had to order its Registry to furnish the Attorney-General with the corrected versions of the records of proceedings after the Chief Prosecutor and Mr. Tsikata disagreed over whether or not the records had mistakes which were yet to be corrected.
The panel presided over by Mr. Justice S.O. Kanyoke did not fix any date to hear the case.
Mr. Tsikata had contended that “the 2008 verdict was unreasonable and could not 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 signed by Mr. Tsikata himself, he contended that the trial Judge erred in law by deciding that financial loss had been caused simply because payment of money had been made by GNPC.