In the past week Tsatsu Tsikata has sought to be given the opportunity to prove that Mrs. Justice Henrietta Abban, who convicted and sentenced him on 18th June 2008, is disqualified by bias from hearing the application for bail pending appeal that Tsatsu Tsikata has filed after appealing against the judgment. Tsatsu Tsikata had received written confirmation from the chief Justice that the application for bail would be placed before Mrs. Justice Henrietta Abban on 10th June 2008 after she returned to duty from sick leave on 9th June 2008.

The Attorney-General on the morning of 10th June 2008, the same day Tsatsu Tsikata’s application on the disqualification of Mrs. Justice Henrietta Abban, was fixed to be heard before Mr. Justice Ofori-Atta, filed a motion to stop the process. The Attorney-General claimed that the application Tsatsu Tsikata has brought in the Supreme Court to quash the ruling that Mrs. Justice Henrietta Abban made, striking out an application by counsel for Tsatsu Tsikata to call further evidence because of the absence of counsel, also concerned the same issue of bias and both proceedings could not go on.

Tsatsu Tsikata, who was only served with the application in court, responded to the Attorney-General’s submission by emphasizing that the application before the High Court was to disqualify the judge in respect of the pending bail application. Tsatsu Tsikata emphasized that contrary to what the Attorney-General had said in court, the application before the Supreme Court had nothing to do with the judgment that Mrs. Justice Henrietta Abban delivered. As far as that judgment was concerned, he had filed an appeal as well as the application for bail pending appeal. The issue of bias in respect of the ruling of Mrs. Justice Henrietta Abban being dealt with in the Supreme Court was one among many grounds that he had put before that court, including issues of his being denied the constitutional right to counsel of his own choice as provided for in the constitution, his right to equality before the law and the arbitrary and capricious nature of the decision of Mrs. Justice Henrietta Abban and her failure in her constitutional duty to be fair and candid.

Moreover, any bias in respect of the ruling before the Supreme Court is a different issue from bias in respect of her judgment itself which could arise in the application for bail pending appeal.

After hearing the argument, Mr. Justice Ofori-Atta will, on Tuesday 15th July 2008, rule on the Attorney-General’s motion to stay proceedings. Should he rule in favour of the Attorney-General, that will disable Tsatsu Tsikata from calling evidence on the disqualification of Mrs. Justice Henrietta Abban by bias. Should he rule in favour of Tsatsu Tsikata the judge will proceed to hear Tsatsu Tsikata’s motion for a trial within a trial to be initiated.

Meanwhile, when Tsatsu Tsikata went to the court of Mrs. Justice Henrietta Abban where the application for bail had been fixed, as confirmed by the Chief Justice in a letter to Tsatsu Tsikata, the Registrar of the High Court (Fast Track Division) came in to announce that judge’s sick leave had been extended until 22nd July 2008. The 23rd July 2008 was, therefore the new adjourned date agreed between Tsatsu Tsikata and the Attorney-General.

Tsatsu Tsikata is now also due to appear in the Supreme Court on Wednesday, 6th July 2008 for the hearing of the application he has filed before the Supreme Court. The application, filed on 25th June 2008, came before a Court presided over by Justice Atuguba on that day and was adjourned Sine Die. Tsatsu Tsikata had tried to have an earlier hearing and the Attorney- General indicated in response that he was ready to come to court on 26th June 2008 or 27th June 2008 in view of the urgency of the application. However, upon the intervention of Justice Brobbey, a member of the panel, who indicated that the court would not wish to fix the early date only for the Attorney-General to come to court to say he needed more time, the Attorney-General said he was deferring to what Justice Brobbey said.

Other members of the Supreme Court panel were: Mr. Justice Julus Ansah, Mrs. Justice Adinyira and Mr. Justice Asiamah.

Tsatsu Tsikata is determined to pursue his quest for justice through the process of law.

We urge the judges before whom these processes are coming to administer justice in accordance with the Constitution and laws of Ghana and without any interference from any quarter.

The passage of Scripture through which Tsatsu Tsikata quoted in the ending his submission before Justice Ofori-Atta is quoted below in full: Luke 12:1-7 “..Jesus began to speak first to his disciples” saying, “Be on your guard against the yeast of the Pharisees, which is hypocrisy. There is nothing concealed that will not be disclosed, or hidden that will not be made known. What you said in the dark will be heard in the daylight, and what you have whispered in the ear in the inner rooms will be proclaimed from the roof.

I tell you, my friends, do not be afraid of those who will kill the body and after that can do no more. But I will show you whom you should fear, fear Him who after the killing of the body, has power to throw you into hell, yes, I tell you, fear Him. Are not five sparrows sold for two pennies? Yet not one of them is forgotten by God. Indeed, the very hairs of your head are all numbered. Don’t be afraid, you are worth more than many sparrows”. Tsatsu Tsikata concluded: “He who has an ear let him hear!

Meanwhile Friday July 18, 2008 is one month since Mr. Tsatsu Tsikata was imprisoned. Activities to mark the day will be released soon.