Former boss of the Ghana National Petroleum Cooperation (GNPC), Tsatsu Tsikata, has lauded the Court of Appeal for the judgment that overturned his criminal sentence in 2008.
According to him, the judgment will guarantee the enforcement of the rights of all citizens. He therefore described it as a victory for Ghana’s democracy.
Mr. Tsikata was sentenced to five years imprisonment in June 2008, for causing financial loss to the state. But he insisted he insisted on his innocence, and said he was a victim of political witch-hunting by the then Kufuor administration.
Addressing the press on Thursday, Mr. Tsikata said the decision by the Court of Appeal is an important one.
“I believe that the Court of Appeal yesterday [Wednesday] especially in upholding constitutional rights that are there for all of us is an important decision, which must not just be seen in relation to me, Tsatsu Tsikata, upholding and enforcing the constitution as the Court of Appeal did. It is valuable for all of us. No one should have to go through what I went through that day and thereafter,” he added.
Kufuor’s pardon
On his pardon by former President John Agyekum Kufuor, Mr. Tsikata said the Court of Appeal’s judgment overlooked it. “The Court of Appeal also gave due consideration to the pardon that was granted by former President Kufour in his last day in office.
The court again relied on various provisions of the constitution to show that the right of appeal is a constitutional right which cannot be taken away by an executive act such as the exercise of prerogative of mercy.
The judiciary is the body in which final judicial power resides, my right of appeal therefore remained, and the jurisdiction of the court of appeal over the appeal was not taken away by the supposed pardon.
As you all know, that pardon was rejected by me the very day it was announced; and I wrote to the former president from hospital bed in Korle Bu to that effect,” he added.
Court of Appeal frees Tsikata
The Court of Appeal on Wednesday overturned a High Court judgment which sentenced Tsatsu Tsikata to jail, for willfully causing financial loss to the state. According to the Court of Appeal, the judgment of the High Court was a miscarriage of justice, because it did not give Mr. Tsikata a fair opportunity to defend himself.
The Court further went ahead to acquit and discharge Tsatsu Tsikata of all charges brought against him.
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