THE REPUBLIC v. TSATSU TSIKATA
2016
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, J.A(PRESIDING)
- KUSI-APPIAH, J.A
- ADJEI, J.A
Areas of Law
- Constitutional Law
- Criminal Law and Procedure
- Evidence Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Tsatsu Tsikata, former Chief Executive of GNPC, was convicted by the High Court on charges of causing financial loss to the state and misapplying public property, resulting in a concurrent five-year sentence. He appealed on several grounds, including procedural errors and bias. The Court of Appeal examined the merits of the appeal, addressing legal issues such as the denial of the right to subpoena witnesses and the constitutional rights to appeal. The court found that the trial judge had made several errors, including failing to provide facilities for critical witness testimony and improperly handling procedural matters, which resulted in a miscarriage of justice. Ultimately, the Court of Appeal set aside the High Court's judgment and acquitted and discharged Tsikata on all counts.
ADJEI,JA:
This appeal emanated from the decision of the High Court Accra delivered on 18th June, 2008 in which the Appellant herein, then the accused person was convicted on counts one, two, three and four as contained in the charge sheet. The Appellant was sentenced to a term of imprisonment for five years on each of the four counts and the sentences were to run concurrently. The Appellant dissatisfied with both conviction and sentence appealed to this Court to reverse the judgment contained in the Notice of Appeal filed on 18th June, 2008; the very day that the appellant was convicted and sentenced.
The brief facts of the case which culminated in this appeal were that three counts of offence for willfully causing financial loss to the State contrary to section 179A (3) (a) of the Criminal Code now the Criminal Offences Act,1960 (Act 29) and a count of intentionally misapplying public property contrary to Section 1(2) of the Public Property Protection Decree 1977 (S.M.C.D 140) now Public Property Protection Act,1977 (S.M.C.D) 140). The charge sheet containing the four counts of offences provided thus:
“THE REPUBLIC
VS.
TSATSU TSIKATA
COUNT ONE
STATEMENT OF OFFENCE
Willfully causing financial loss to the State contrary to Section 179A(3)(a) of the Criminal Code 1960 Act 29.
PARTICULARS OF OFFENCE
TSATSU TSIKATA the Chief Executive of Ghana National Petroleum Corporation (GNPC) IN OR ABOUT October,1996 in Accra in the Greater Accra Region willfully caused financial loss to the State by illegally authorizing and causing to be paid the sum of Two Million Three Hundred and Six Thousand Three Hundred and Seventy-Four French Francs Forty-One Centimes (FRF 2,306,374.41) equivalent of Seven hundred and Seventy-Five Million One Hundred and Twenty –six thousand Three Hundred and Ten Cedis (775,126,310) from the accounts of GNPC to Caisse Francaise de Development on behalf of Valley Farms Company Ltd., a private limited liability company which had defaulted on a loan it had contracted from the said Caisse Francaise de Development.
COUNT TWO
STATEMENT OF OFFENCE
Willfully causing financial loss to the State contrary to Section 179A(3)(a) of the Criminal Code 1960 Act 29.
PARTICULARS OF OFFENCE
TSATSU TSIKATA as the Chief Executive of Ghana National Petroleum Corporation (GNPC) in or about November,1996 in Accra in the Greater Accra Region willfully caused financial loss to the State by illegally authorizing and causing to be paid the sum of Two Million