MP for Bawku Central files motion against judgment

Friday, July 17, 2009 (Page 3)

THE Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani, has filed a motion praying the Accra Fast Track High Court to stay execution of its order asking him to vacate his seat because he holds a dual nationality.
In a default judgement on Wednesday, the court declared that the MP owed allegiance to Britain other than Ghana and for that reason he could not hold a position as MP in Ghana.
However, the MP has filed a motion asking the court to set aside its default judgement, stay execution of the judgement as well as grant him leave to file his defence to an application filed by a cattle farmer challenging his eligibility to sit as an MP in Ghana.
The cattle farmer, Mr Sumaila Biebel, filed an application seeking a declaration that the MP should be ordered to vacate his seat because he (MP) was a British national and for that matter he did not qualify to sit as an MP.
The court had held that in law, the MP had 14 days to file his defence but he failed to do so after entering appearance and it, therefore, deemed that the MP did not have a defence to the suit.
An affidavit in support of his motion indicated that "the delay in furnishing a defence is due partly to the fact that certain relevant information I requested from my UK solicitor have not reached my solicitors herein; but I am compelled to seek leave of this honourable court to furnish a defence even without the relevant information to prevent a situation where I will be bound by a judgement which I had no opportunity to contest on its merits."
Mr Daramani also deposed that he had a reasonable defence to the plaintiff’s suit and for that matter it was important the court set aside its order to enable him provide evidence to challenge the plaintiff’s claims.
"The cardinal principles of natural justice is that a man must be heard before he is condemned; which principle is in jeopardy if this honourable court does not exercise its discretion in my favour in granting this application as to enable me file my defence to enable this action be determined on its merits," the affidavit in support of the motion pointed out.
It said it was also important for the court to set aside its judgement "to prevent a situation where the plaintiff/respondent will take advantage of the judgement and order aforementioned and cause irretrievable harm and/or injury to the constituents of Bawku Central and I."
In his statement of defence to the substantive application filed on his behalf by his counsel, Mr Egbert Faibille, the MP denied claims by the plaintiff and stated that he had renounced his British citizenship before signing the nomination form for the 2008 Parliamentary elections and for that matter he did not owe allegiance to any country other than Ghana.
He further argued that the plaintiff's claims sought to challenge the validity of his election as MP adding that "it ought to have been initiated by a Petition and within 21 days of the publication of the 2008 parliamentary election results in the Gazette as provided by law and not by a Writ of Summons; which was in any event filed beyond the 21-day period aforementioned."
Mr Daramani further argued that he was duly certified as qualified to contest the 2008 parliamentary elections by the appropriate authorities in the country and was duly sworn in as an MP in which capacity he acted and for that matter "raises a clear presumption that defendant is a Ghanaian citizen."
He also challenged Mr Biebel to prove that he (MP) was not a citizen of Ghana adding that the plaintiff was not entitled to any claim because plaintiff's action was "incompetent and offensive to law and ought not to be heard at all."