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09.07.2004 General News

Court to rule on Tsikata-NRC case on July 12

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Accra, July 9, GNA- An Accra High Court would on Monday July 12, rule on an application by Mr Tsatsu Tsikata that says Mr Justice Kweku Etru Amua-Sekyi, Chairman, National Reconciliation Commission (NRC), had been showing dislike, animosity and bias towards him.

The application is asking the Court to require Mr Justice Amua-Sekyi to conduct himself in a judicial manner devoid of bias, arbitrariness and personal dislike or animosity.

The application filed on behalf of Mr Tsikata by his Counsel Professor Emmanuel Dankwa is also asking the Court to require the NRC Chairman to conduct himself in a manner that would not jeopardize the independence or harm the credibility, impartiality or integrity of the Commission.

Professor Dankwa said the NRC Chairman should be made to conduct himself in such a manner to enable the Commission to conduct itself in a fair and candid manner and provide Mr Tsikata access to the original of the handwritten statement of Mr Justice G.E.K. Aikins.

Justice Amuah-Sekyi should also be made to provide Mr Tsikata access to the petition in respect of which Mr Justice Aikins was called as a witness.

Prof. Dankwa told the court that the applicant had been promised by the Executive Director of the NRC, Dr Ken Attafuah to get him a copy of the original statement of Justice Aikins.

He further stated the under the evidence Decree, whenever the original copy of a document was available it should be made available to a court.

According to him they are aware that evidence of Justice Aikins was taken in camera and there was no need to keep this secret. Professor Dankwah therefore invited the court to uphold the applicant's submissions and grant the relief.

"The application by applicant at the beginning of his cross-examination for access, for the purposes of cross-examination, to the transcript of evidence of in camera of evidence by Mr. Justice Aikins.

Prof. Dankwa further argued that if the Commission did not have enough time to complete its work it ought to apply to the President. Nene A.O Amegatcher, counsel for Mr Justice Amua-Sekyi, in response urged the court to dismiss the application.

He noted that the attack on the Chairman of NRC that he was usurping the function of the commission had no basis Nene Amegatcher said the Commission had given out photocopies of the relevant documents that the applicant needed for the cross-examination saying in a court of law, photocopies were allowed and this does not constitute breach of natural justice.

"The commission has given the applicant more than enough," he said. He noted that the 30 minutes allotted to witnesses for cross-examination were enough and if the applicant had problem with time allotted him he could have petitioned the Commission.

"The allegations in the respondent's affidavit do not measure any close to the burden imposed on him by law to establish the allegation of bias.

"Exchanges between applicants and the Chairman would not constitute real likelihood of bias," Nene Amegatcher said.