[2011]DLSC4090 • January 19, 2011 • Supreme Court •
TSATSU TSIKATA vs. THE REPUBLIC
The appellant, Tsatsu Tsikata, former Chief Executive of Ghana National Petroleum Corporation (GNPC), was charged with causing financial loss to the state and misapplication of public funds related to investments in the Valley Farms Project. During trial, the appellant sought subpoenas to compel the International Finance Corporation (IFC) and its Country Director to produce documents and testify. The IFC claimed immunity from legal process, which was upheld by the trial court and affirmed by the Court of Appeal, leading to this appeal to the Supreme Court.
read moreATUGUBA, J.S.C: This judgment should have, but for a motion for its arrest by the appellant and subsequent events, been delivered on 25/6/2008. A question has arisen whether in view of the delivery of judgment by the High Court and the pendency of the appellant’s appeal therefrom, this appeal is now moot. This question of mootness has been dealt with by this court on some occasions. The whole matter has been extensively dealt with by Dr. Bimpong-Buta in his celebrated book The Role of the Supreme Court In the Development of Constitutional Law in Ghana at 168-176. From his treatment of it I do not regard this matter as moot especially as a constitutional issue is involved. In any case the appellant cannot raise this question of the immunity before the Court of Appeal again since it has been decided by it already. This means that in all probability that issue will come up before this court again unless decided now. It is therefore still alive and not a moot issue. The appell.....