Suit against Bawku MP null and void

Friday, March 19, 2010 (Page 3 Lead)

THE civil suit instituted against the Member of Parliament (MP) for Bawku Central at the Fast Track High Court by a cattle farmer suffered a blow yesterday when the Court of Appeal set aside the cattle dealer’s writ of summons.
In effect, the decision by the High Court which ordered the MP, Mr Adamu Daramani Sakande, to vacate his seat has been rendered null and void.
The court, in a unanimous decision, held that the writ of summons filed by Mr Sumaila Biebel which challenged the eligibility of the MP to stand for election and to be subsequently elected as an MP “was wrong in law”.
It upheld submissions for counsel for the MP, Mr Yonny Kulendi, which described Mr Biebel’s action as an electoral petition “dressed as a constitutional enforcement action”.
The court awarded costs of GH¢2,000 against Mr Biebel.
In a default judgement dated July 15, 2009, the High Court had declared that the MP owed allegiance to Britain and not Ghana and for that reason he could not hold a position as MP in Ghana following a writ of summons filed by Mr Biebel.
The High Court granted Mr Biebel’s application, which sought a declaration that the MP should be ordered to vacate his seat because he was a British national and, therefore, did not qualify to sit as an MP.
However, Mr Kulendi appealed against the High Court’s decision on the grounds that Mr Biebel should have filed an electoral petition within 21 days after the declaration of the results, which Mr Biebel failed to do.
Counsel, therefore, prayed the Court of Appeal to set aside the writ of summons which, he said, Mr Biebel had filed months after Mr Sakande had been declared winner in the Bawku Central parliamentary election.
In a unanimous decision, the court, presided over by Mr Justice J. A. Akamba, upheld Mr Kulendi’s submissions and held that the writ of summons which challenged the eligibility of the MP to stand for election and to be subsequently elected as MP “was wrong in law”.
The court, which had Messrs Justices Samuel Marful-Sau and C. J. Hornyenugah as panel members, accordingly set aside the writ of summons after citing authorities to buttress its decision.
After the court’s ruling, Mr Kulendi prayed the court to award GH¢15,000 costs against Mr Biebel, but counsel for Mr Biebel, Dr Raymond Atuguba, said the figure was on a high side and it would scare potential litigants from seeking redress in court.
The court then decided on GH¢2,000 costs against Mr Biebel.
In his appeal, the MP had challenged the lower court’s jurisdiction and capacity and contended that the plaintiff’s suit was an electoral petition “dressed as a constitutional enforcement action”.
Mr Biebel indicated that he would appeal against the Court of Appeal’s decision at the Supreme Court.