[2003]DLCA1050 • November 27, 2003 • Court of Appeal
TSIKATA vs. THE REPUBLIC
The appellant, Tsikata, was arraigned on charges including wilfully causing financial loss to the State under section 179A 3a of the Criminal Code, 1960 Act 29, and intentionally misapplying public property contrary to section 12 of the Public Property Protection Decree, 1977 SMCD 140. The charges related to payments made under a loan guarantee agreement signed in 1991 by the appellant on behalf of GNPC, with alleged financial losses occurring in 1996. The appellant pleaded not guilty and challenged the prosecution's case after their evidence was presented, submitting no case to answer, which was overruled by the trial court, prompting this appeal.
read moreAmonoo-Monney JA delivered the judgment of the court at the invitation of Lartey JA. The appellant was arraigned before the High Court (Fast Track) on 9 October 2002 on three counts of wilfully causing financial loss to the State, contrary to section 179A (3)(a) of the Criminal Code, 1960 (Act 29), and a fourth count of intentionally misapplying public property, contrary to section 1(2) of the Public Property Protection Decree, 1977 (SMCD 140). He pleaded not guilty to the charges, and at the end of the case for the prosecution his counsel made a submission of no case to answer, to which counsel for the Republic replied and on 28 March 2003 the trial High Court overruled the submission of no case to answer and accordingly called upon the appellant to enter into his defence. It is from this ruling that the appellant has appealed to this court on the following eighteen grounds of appeal: “(i) the trial judge erred in law in overruling the submission of no case made by counsel for.....