Legal luminary, Tsatsu Tsikata has revealed how a majority decision of the Supreme Court in his favor in 2002 drew harsh criticism from members of the Kufuor’s government including the then Attorney General who is now Ghana’s president, Nana Addo Dankwa Akufo-Addo.
Speaking in an interview on Pan African Television, Mr. Tsikata said the decision of the Supreme Court, in the infamous Attorney General vs. Tsatsu Tsikata case, in which a majority of 5 judges ruled in favor of his claim that the Fast Tract High Court was an unconstitutional establishment and did not have the legal authority to try him as against 4 judges who dissented, did not sit well with Nana Addo who was pursuing the matter on behalf of government hence, he harshly criticized the Justices of the Apex Court.
The legal luminary intimated that Nana Addo’s criticism of the judges was unpleasant and uncharitable.
“In those days, there people criticizing the judges who made the decision in my favor. In fact, you should go and listen to what President Akufo-Addo who was Attorney General at that time and hear some of the things he said about the judges who gave the verdict in my favor,” he said.
His revelation follows a statement from the Judicial Service warning media entities in the country against publishing what it said are hateful, indecent and offensive statements against judges in the ongoing election petition case and demanding for such statements which have already been published to be pulled down.
Tsatsu Tsikata who was the Chief Executive Officer of the Ghana National Petroleum Corporation (GNPC) under the Rawlings’ regime was dragged before a Fast Track Court on allegations of willfully causing financial loss to the state while holding office as CEO of GNPC.
He was accused of sidestepping laid-down procedures by bypassing the board of the company and unilaterally committing the company to guarantee a loan and subsequently paying the loan with interest from the coffers of the company. This, the state had contended, adversely affected the financial status of GNPC as well as causing financial loss to the state.
Mr. Tsikata was then dragged before a Fast Track Court on charges of willfully causing financial loss of about 215,000 Ghana cedis (2.15 billion old Cedis) to the state after proceedings on similar charges at a Circuit Court were terminated.
But Mr. Tsikata filed a motion at the Supreme Court challenging the constitutionality of the FastTrack Court. He had contended that the constitution in making provisions for the administration of justice did not create such a court and thus, prayed the court to pronounce the Fast Track Court as an unconstitutional establishment which has no legal authority to try him.
The Apex Court by a majority of 5 to 4 gave its verdict in favor of Mr. Tsikata thereby declaring the Fast Track Court as unconstitutional.
Nana Addo, the Attorney General then filed for a review which subsequently, by a majority of 6 to 5, overturned the ruling of the court upholding Mr. Tsikata’s argument.
