Tuesday, August 11, 2009 (Front Page)
THE Member of Parliament for Bawku Central, Mr Adamu Daramani, yesterday suffered another setback at the Court of Appeal when the court struck out his appeal challenging the jurisdiction of the Fast Track High Court to hear a matter brought against him.
He had prayed the Court of Appeal to stay proceedings at the High Court which ordered him on July 15, 2009 to vacate his seat because he held a dual nationality.
He has also appealed against the High Court's decision and argued that the court lacked the jurisdiction and capacity to hear the suit instituted against him by Mr Sumaila Biebel, a cattle farmer, and further described Mr Biebel's suit as an electoral petition “dressed as a constitutional enforcement action”.
The Court of Appeal, comprising Mr Justice G.M. Quaye, Ms Justice Mariama Owusu and Mr Justice V.D. Ofoe, dismissed the application on the grounds that the MP had not shown interest in pursuing the appeal because he failed to appear before the court.
The MP and his lawyers were absent when the matter was called prompting counsel for the respondent, Dr Raymond Atuguba, to pray the court to strike out the appeal, since the MP appeared not to be interested in pursuing his case.
According to Dr Atuguba, the failure of the MP and his counsel to appear before the court for the second time was an indication that the MP did not have any defence to his client's claims.
The court upheld counsel's submissions and accordingly awarded cost of GH¢500 against Mr Daramani.
Meanwhile, a vacation judge at the Fast Track High Court has adjourned hearing for an application filed by the MP for stay execution of the default judgement which ordered him to vacate his seat.
He had filed a similar motion before the judge, Mr Justice S. K. Asiedu, who ordered him to vacate his seat but the court dismissed the motion.
Mr Daramani then decided to file a similar application before a vacation judge but his counsel sent a letter to the court which stated that his counsel was indisposed and would proceed on vacation afterwards to seek medical care.
The letter further stated that another counsel who would represent Mr Daramani was currently representing another client at the Ghana@50 Presidential Commission and, accordingly, prayed the court to adjourn the matter to October 12, 2009.
However, Dr Atuguba vehemently opposed the content of the letter and said it formed part of the 'delay tactics' being employed by the MP who he (counsel) said had no defence to Mr Biebel's claims.
Dr Atuguba further pointed out that the Ghana@50 Commission was an inferior tribunal and therefore it was disrespectful for counsel for the MP to allude that a lawyer who was expected to appear on behalf of the MP was representing someone at the Ghana@50 Presidential Commission.
Dr Atuguba held that Article 112 (5) of the 1992 Constitution stated that where a parliamentary seat was declared vacant it should be filled within 30 days.
He argued that the seat was declared vacant on July 15, 2009, the day the Fast Track High Court ordered the MP to vacate his seat and for that reason the October 12, 2009 date being sought by counsel for the MP clearly violated the Constitution.
Meanwhile, Mr Daramani is standing trial at the Accra High Court, charged on nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as a parliamentarian.
He has pleaded not guilty to all the charges and the court, presided over by Mr Justice Charles Quist, admitted him to bail in the sum of GH¢10,000 with a surety.
The accused person was also ordered to surrender his Ghanaian passport to the court. The matter was adjourned to today for hearing.
The case of the prosecution is that the accused person is not a Ghanaian and does not qualify to be elected as an MP because he also holds Burkinabe and United Kingdom passports, on which he had travelled to Ghana.
It said he did not renounce his nationality of those countries before he presented himself to be nominated and elected as a parliamentarian in the December, 2008 elections.
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