Decision Day for Fast Track Court
05 – 07 – 2002: - Fast Track High Court resumes
sitting on 16 July
28 – 06 – 2002: - Tsatsu: I’m not surprised at the verdict
27 – 06 – 2002: - Reaction of Attorney General to Supreme Court ruling
27 – 06 – 2002: - Supreme Court reverses earlier decision on Fast Track Court
26 – 06 – 2002: - Fast Track Court is constitutional - Supreme Court
26 – 06 – 2002: - Decision day for Fast Track Court
Attorney-General,
Nana Akufo-Addo
Fast Track High Court resumes sitting on 16 July
Accra (Greater Accra) 05 July 2002- The Fast Track High Court (FTHC), a division of the High Court, resumes sitting on Tuesday, 16 July, following the 6 - 5 review decision of the Supreme Court on 26 June. Mr Emmanuel Boadi, the FTHC Manager, told the Ghana News Agency on Thursday.
He said all cases pending before the three established FTHCs had been listed for hearing from that date, beginning with the Quality Grain case involving two former Ministers of State high-ranking government officials.
Sittings of the FTHC were held in abeyance following a five-four decision of the Supreme Court declaring it alien to the 1992 Constitution on 28 February. The Supreme Court (SC) by a six-five-majority verdict on Wednesday 26 June reversed its earlier decision on the constitutionality of the FTHC.
The court awarded a cost of 10 million cedis against Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who brought the application, challenging the constitutionality of the FTHC.
Tsikata was arraigned at the FTHC for wilfully causing financial loss of 2.15 billion cedis to the State. He allegedly circumvented laid-down corporate objectives of GNPC, when he by-passed the Board and on his own, committed the GNPC to guarantee a loan.
The amount, 5.5 million French Francs was granted by Caise Francaise de Developpement, a French Aid Agency to Valley Farm, a private cocoa-growing company, in which GNPC held initial equity shares of 17.39 per cent.
Distressed, Valley Farm defaulted in the repayment of the loan and without prior approval of the GNPC Board; Tsikata allegedly paid out of its operational funds, the principal amount plus interest, all totalling 6,919,123.23 French Francs. This action adversely affected the financial status of GNPC, hence a loss to the State. Tsikata did not plea to the charge and the trial judge, Mr Justice Julius Ansah entered a plea of not guilty for him and admitted him to a 500 million-cedi self-recognisance bail.
In his application before the Supreme Court Tsikata stated that the FTHC had no jurisdiction to try him. By a majority of five to four, the Supreme Court on Thursday 28 February granted a motion brought before it by Tsikata, challenging the constitutionality of the FTHC. Five of the judges upheld the action, while four dissented. The court, however, deferred its reasons for the ruling to Wednesday,
20 March.
Tsatsu filed the motion at the Supreme Court on Monday, 11 February seeking constitutional interpretation in respect of the FTHC because in his view the "Constitution in making provision for the administration of justice, does not establish any court known as FTHC."
He argued that since the FTHC was not known to the Constitution, it could not try him. Tsatsu, therefore, prayed the Supreme Court to ensure that on a true and proper interpretation of the Constitution, "any attempt to launch a prosecution in an unconstitutional forum must be prevented through the exercise of the powers of enforcement of the Constitution that are conferred on the Supreme
Court."
Reacting to the Supreme Court's ruling on Tsatsu's motion that the FTHC, which was trying him was unconstitutional, Nana Addo Dankwa Akuffo Addo, Minister of Justice and Attorney - General said it had become necessary to try Tsatsu at another court.Nana Addo said, even though, he respected the Supreme Court's decision, he disagreed with it.
He stated that it was the same Supreme Court that dismissed the appeals of Mallam Isa and Victor Selormey and ordered that their trials should continue at the FTHC. Nana Akufo Addo subsequently filed for a review of the verdict.
GRi…/
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Tsatsu: I’m not surprised at the verdict
Accra (Greater Accra) 28 June 2002 - The former Chief Executive of the Ghana National Petroleum Corporation (GNPC) Tsatsu Tsikata has said that he is not surprised at the Supreme Court’s reversal of its 28 February 2002 decision on the Fast Track Court. According to him, there was collaboration between the Executive and the Judiciary against him.
Mr Tsatsu’s reaction follows Wednesday’s 6-5 ruling by the court in favor of the Attorney-General that the Fast Track High Court has all the legal standing and could operate. “A particular Judge was brought in to come and rule in their favours so I am not surprised at all,” he said.
The Attorney-General and Minister of Justice, Nana Akufo Addo told newsmen after the ruling that the 6-5 decision by the court to uphold the constitutionality of the Fast Track High Court shows that the government’s committee to rule of law had been established.
He said the original decision of the court on 28 February was fundamentally wrong and perverse. Those who ruled in favour of the FTC were Justices George Acquah, Williams Atugubah, Sophia Akuffo, George Lamptey and Kwame Afreh. The Justices who ruled against the ruling were Justices Joyce Bamford-Addo, A.K.B Ampiah, E.D.K. Adjabeng, F.K. Kpegah and T.K Adzoe.
The processing, which began at exactly 10,00 am, was marked by tension, anxiety and captured all that drama could provide. The court was fully packed and the audiences in the heated room were seen either wiping sweat off their foreheads or fanning themselves with any conceivable object.
As each of the judges gave their ruling, people in the court sat on tenterhooks at they did not know in which direction the Supreme Court would go. Some of the members of the panel could speak for as long as 45 minutes to one hour, the longest perhaps coming from Justice Kwame Afreh and Justices Kpegah.
As these long proceedings dragged on, journalists who showed tiredness and lack of stamina trooped out of the court to take fresh air. The TV cameramen seemed to have abandoned their equipment and, on of their faces, one could tell that they wished proceedings could have ended. One journalist was heard saying, “This is one of my hectic times in court.”
Unlike the previous sitting in which the National Democratic Congress gurus were conspicuously absent, on Tuesday proceeding was attended by Mr John Mahama, NDC Director for Communication, Dr Josiah Ayeh, General Secretary, Baba Camara, Deputy General Secretary, and Ms Frances Essiam, NDC Women Organiser. – The Evening News.
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Reaction of Attorney General to Supreme Court ruling
Accra (Greater Accra) 27 June 2002 - The Attorney General and Minister of Justice, Nana Akufo Addo has said the ruling of the Supreme Court yesterday in favour of the Fast Track High Court was in accordance with the rule of law.
“The rulings are matters of the judges and in accordance with the rule of law”. He declared. According to him the initial decision, which declared the Fast Track High Court unconstitutional was fundamentally wrong hence the reason for asking for a review. He said he was satisfied with the decision of the justices adding that the Fast Track Court has modernised the judicial system in the country.
The Supreme Court by a 6-5 majority reversed an earlier decision, which declared the Fast Track High Court as unconstitutional. The Chief Justice Mr. Justice Edward Wiredu empanelled all eleven justices of the court to sit on the review.
The Supreme Court in March this year, by a decision of 5-4, ruled the Fast Track High Court as unconstitutional. Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation brought the substantive case before the Supreme Court asking the court to declare the Fast Track High Court as unconstitutional.
GRi../
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Supreme Court reverses earlier decision on Fast Track Court
Accra (Greater Accra) 27 June 2002 - The Supreme Court (SC) by a six-five-majority verdict on Wednesday reversed its earlier decision on the constitutionality of the Fast Track Court (FTC).
The six judges made up of the Chief Justice, Mr Justice Edward Kwame Wiredu, Mr Justice George Acquah, Mr Justice Williams Atugubah, Mrs Justice Sophia Akuffo, Mr Justice George Lamptey and Mr justice Kwame Afreh held the view that the FTC was not alien to the Constitution.
The five dissenting Judges, who were hitherto in the majority and maintained their earlier decision that FTC was unconstitutional were: Mrs Justice Joyce Bamford Addo, Mr Justice A. K. B. Ampiah, Mr Justice F. Y. Kpegah, Mr Justice E. D. K. Adjabeng and Mr Justice Thoedore Kwame Adzoe.
The court awarded a cost of 10 million cedis against Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who brought the application, challenging the constitutionality of the FTC.
Tsikata was arraigned at the FTC for wilfully causing financial loss of 2.15 billion cedis to the State. He allegedly circumvented laid-down corporate objectives of GNPC, when he by-passed the Board and on his own, committed the GNPC to guarantee a loan.
The amount, 5.5 million French Francs was granted by Caise Francaise de Development, a French Aid Agency to Valley Farm, private cocoa-growing company, in which GNPC held initial equity shares of 17.39 per cent.
Distressed, Valley Farm defaulted in the repayment of the loan and without prior approval of the GNPC Board, Tsikata allegedly paid out of its operational funds, the principal amount plus interest, all totalling 6,919,123. 23 French Francs.
This action of his, adversely affected the financial status of GNPC, hence a loss to the State. Tsikata did not plead to the charge and the trial judge. Mr. Justice Julius Ansah entered a plea of not guilty for him and admitted him to a 500 million-cedi self-recognisance bail. In his application before the Supreme Court Tsikata stated that the FTC had no jurisdiction to try him.
At Wednesday's sitting, while the majority contended that the Chief Justice (CJ) had discretionary powers under the constitution to create divisions of the High Court, which the FTC was one, their counterparts on the minority side, maintained that the FTC needed parliamentary approval to bring it into being.
The majority argued that since Article 136 (4) of the 1992 Constitution conferred on the CJ, the exclusive powers to set divisions of the High Court, the FTC which he helped to establish remained legal. To them, the FTC was an innovation of the High Court in that it used automated systems that helped to speed up proceedings to ensure the quick delivery of justice.
The majority argued further that Article 139 (2) did not spell out methods for the CJ to create new courts, clause (3) of that same article, however prescribed that the CJ established courts to try criminal, civil, investment and other related matters, hence the establishment of the FTC.
The judges with dissenting view, stated that the CJ had no discretionary powers to create divisions of the High Court and to do so, he needed the nod from Parliament.
GRi…/
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Fast Track Court is constitutional - Supreme Court
Accra (Greater Accra) 26 June 2002 -The Supreme Court has, by a 6-5 majority decision ruled that the Fast Track Court is constitutional.
It awarded 10million cedis cost against Mr. Tsatsu Tsikata, former Chief Executive of Ghana National Petroleum Corporation who challenged the constitutionality of the Fast Track Court in March this year. Stay on line for GRi’s full report.
GRi../
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Decision day for Fast Track Court
Accra (Greater Accra) - 26 June 2002 - The Supreme Court will today deliver judgement in the case brought by the Attorney-General, Nana Addo Dankwa Akufo-Addo for a review of its earlier decision that the Fast Track High Court (FTC) is unconstitutional.
The Chief Justice, Mr. Justice Edward K. Wiredu by the "Practice Direction" has empanelled all the eleven judges of the Supreme Court to sit on the review. Originally nine judges sat on the case brought by Mr. Tsatsu Tsikata challenging the constitutionality of the FTC. The nine-member panel ruled 5-4 in his favour on 28th February 2002.
The Attorney General requested a full court to review the decision. The tenth member, Justice Lamptey, was not in the country when that case was heard. In empanelling a full court, a new judge was appointed to satisfy the odd number requirement.
The President nominated a judge on the Court of Appeal, Mr. Justice Kwame Afreh to make up the odd number for the full court to sit. He was passed by the Council of State and received his approval from Parliament. Justice Kwame Afreh's first major outing on the Supreme Court therefore is the landmark judgement on the review of the earlier decision on the FTC.
Which way will it go then? Legal analysts and laymen are agreed that should the original nine who sat on the initial case decide to maintain their decisions the hope of both the plaintiff and the defendants would depend on the decisions of Justices Lamptey and Afreh.
The court presided over by the Chief Justice, Mr. Justice E.K. Wiredu arrived at the decision in its judgement in the case in which the former Chief Executive of the Ghana National Petroleum Company (GNPC) Mr. Tsatsu Tsikata challenged the constitutionality of the FTC.
The judges who upheld Mr. Tsatsu Tsikata's application were Justices Joyce Bamford-Addo, A.K.B. Ampiah, Francis Kpegah, E.D.K. Adjabeng and T.K. Adzoe. Those who dissented were Justices E.K. Wiredu, George Acquah, William Atugubah and Sophia Akufo.
The majority in their reasons, which were delivered on March 20th, this year, declared that the Fast Track Court is unknown to the constitution of the country. They contended that the Fast Track High Court is obviously different from the ordinary High Court.
The minority on their part contended that the claim of Mr. Tsikata did not have constitutional backing and was fallacious. They argued that the establishment of the Fast Track High Court by the Chief Justice did not infringe any provisions of the one-decade old constitution of the republic. They said Article 139 (3) of the constitution empowers the Chief Justice to establish divisions of the High Court without reference to Parliament or any legislation.
The Supreme Court recently by a unanimous decision dismissed an application by Mr. Tsikata challenging the legal authority of the Chief Justice to empanel eleven judges to hear the review. The five-member court presided over by Justice A.K.B. Ampiah described the action as unmeritorious and uncalled-for and awarded a cost of ¢5m against the plaintiff.
All of that would be laid to rest today when the law lords give their final words on the constitutionality or otherwise of the Fast Track High Courts.
GRi…/
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