Bawku MP ordered to open defence

Friday, July 9, 2010 (Page 3 Lead)

THE Accra Fast Track High Court yesterday ordered the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, to open his defence and answer three charges out of nine levelled against him with respect to his nationality.
He is expected to open his defence on August 2, 2010 on the following counts: false declaration for office or voting contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury contrary to Section 210 of the Criminal Offences Act, 1960, Act 29 and deceiving a public officer contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
According to the court, the prosecution was able to prove that the MP in October 2008 made a false declaration, as well as committed perjury and deceived a public officer when he swore an oath to the effect that he owed allegiance to no country other than Ghana contrary to evidence that his British passport would expire in 2014.
Ruling on a "submission of no case" filed on behalf of the MP by his lawyers, the presiding judge, Mr Justice Charles Quist, held that the defence team failed to establish that the accused person was not a Ghanaian and there was, therefore, no point in ordering the MP to answer charges relating to his entering the country in 2001 among others.
The court, after careful scrutiny of the evidence led by the prosecution, subsequently, acquitted and discharged Sakande on six counts of Prohibited Immigrant contrary to Section 8 (2) of the Immigration Act, 2000, Act 573 and Forgery of Passport or Travel Certificate contrary to Section 15 of the Passports and Travel Certificates Act, 1967, N.L.C.D. 155
Acquitting the accused person on the charge of entering the country as a prohibited immigrant, the court held that the Constitution and the Representation of the People's Amendment Act now allowed persons to hold dual citizenship titles, as well as vote on that status.
Touching on the charge of forgery of document, the court held that the prosecution failed to prove that the MP forged documents in February, 2001 with the intent to contravene the immigration laws of Ghana.
Sakande has pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as an MP.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.