Tsatsu allegations against Godfred Dame irrelevant, says high court

An Accra high court has described as “not relevant” allegations by the senior lawyer Tsatsu Tsikata against the Attorney General, Godfred Yeboah Dame, in Tsikata’s case for a review of the court decision to try the former MP James Gyakye Quayson on a day-to-day basis.

Tsatsu Tsikata had attached to a supplementary affidavit, filed to support his motion for review before the court, two media reports of interviews granted by the Attorney General – one from over four years ago when he was deputy attorney general, relating to the trial of the former chief executive officer of COCOBOD Stephen Opuni.

The second was a reaction by the Attorney General to an injunction, granted by the Supreme Court over a year ago, to restrain Gyakye Quayson from holding himself as a Member of Parliament.

The AG stated that the Supreme Court ruling against Quayson was exactly the same as what transpired in the Adamu Dramani Sakande matter, and that “Gyakye Quayson must suffer the same fate”.

The media statements by the Attorney General, according to Tsatsu Tsikata, were not only insulting to his client but also prejudicial to the trial of the since deposed MP.

Arguments by Dame

The Attorney General, Godfred Dame, raised a preliminary objection to the supplementary affidavit by Tsatsu Tsikata, maintaining that all the allegations Tsikata was seeking to bring to the attention of the court were irrelevant.

He argued that he had not said anything which prejudiced the criminal trial of Gyakye Quayson and that the comments allegedly made by him relating to the Opuni trial had nothing to do with Gyakye Quayson’s criminal trial.

Second, Dame argued, clearly the comments allegedly made by him in which he mentioned Gyakye Quayson, from the news report Tsikata attached to his affidavit, were made after the Supreme Court ruling restraining Quayson from sitting in Parliament as an MP and had nothing to do with his criminal trial.

Dame maintained that he had never made any comment about Quayson’s criminal trial that could be said to be prejudicial and therefore Tsikata’s claims were most irrelevant.

High court ruling

Even though the trial judge initially admitted the supplementary affidavit filed by Tsatsu Tsikata in the documents to be examined by her, Justice Mary Yanzuh, delivering her substantive ruling on Friday (23 June 2023), upheld Godfred Dame’s arguments that the allegations against him are not relevant and do not have any bearing on the application before the court for consideration.

Justice Mary Yanzuh came to this conclusion after examining all the documents filed by the parties as well as oral arguments for and against the motion filed by Tsikata on behalf of Quayson.

The judge stated in her ruling: “The only new information is the alleged prejudicial comments made by the AG. These assertions are not relevant for me to review my decision.

“Fair trial is against undue delay. It is in the interest of justice that trials are not unduly delayed.”

Quayson’s rights not violated

In addition to this, Justice Yanzuh ruled on claims by Tsatsu Tsikata that James Gyakye Quayson’s right to a fair trial had been violated by the earlier order of the court for a day-to-day trial.

The Attorney General strongly objected to this submission, asserting that it was within the exclusive powers of the court to adjourn matters and schedule a trial period and that no interested party to a matter before the court has the power to dictate to the court on adjournments or determine adjournments based on personal convenience.

On this point, too, Tsatsu Tsikata’s argument fell apart as it was dismissed by the court. The court ruled that announcing arrangements for a trial was within the law and that a case for review had not been made.

“Adjournments are at the discretion of the court and not the convenience of parties. The order of this court was clearly in line with the law.

“Nowhere was it demonstrated that the order was contrary to law. His rights have not been violated by the court for refusing to give him time to campaign [in the lead-up to the Assin North by-election for a successor MP, which takes place on Tuesday 27 June].

“Mere refusal of the court does not constitute denial of the right to fair trial,” the judge ruled.

The judge adjourned the trial to continue on 29 June 2023, the next available date at the court’s convenience, and thereafter day to day from 4 July 2023.

Dame’s reaction

Speaking after the proceedings, the Attorney General said: “I have always maintained that the statements made by me had nothing to do with the criminal trial of James Gyakye Quayson.

“Mr Tsikata sought to divert the attention of the court from relevant issues and to cast me in a bad light with abuses to my person in court. Indeed, he used some unprintable, harsh and improper language against me in the proceedings in court.

“They continued after court, with many leading members of the NDC abusing me on radio, television, newspapers and on social media. I kept quiet throughout and stuck to the law in the hope that the ruling would vindicate me,” the AG said.

“I am happy that the legal submissions I made that the allegations were neither prejudicial nor relevant have been vindicated,” Dame said.

Reaction of Quayson’s lawyers

Baba Jamal, a member of the legal team for Gyakye Quayson, said they were satisfied with the ruling of the court even though their motion for the suspension of a day-to-day trial had been refused.

Deputy Attorney General Diana Asonaba Dapaah, who was in court for the ruling, also expressed satisfaction with the outcome of proceedings.

“We are of the view that the law enjoins the courts to have a speedy trial which is not unnecessarily interrupted.

“The goal is to achieve a day-to-day trial, which is already prescribed by the law,” the deputy attorney general told journalists.

Ramifications for Quayson

James Gyakye Quayson returns to face criminal charges two days after the Assin North by-election, regardless of the results.

His trial will resume day to day after 4 July 2023.

Even if he wins the Assin North by-election he could be kicked out of Parliament if he is convicted on the charges he faces in court.

Reporting by Wilberforce Asare in Accra