Bawku MP compelled to open defence

Tuesday, October 5, 2010 (Page 3 Lead)
THE Accra Fast Track High Court yesterday compelled the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, to open his defence in the case in which he has been accused of holding dual citizenship.
Counsel for the MP, Mr Egbert Faibille Jnr, had prayed the court to once again adjourn the matter to enable somebody he termed as a “star witness” who was currently out of the country to appear and testify on behalf of the MP on October 12, 2010.
However, the presiding judge, Mr Justice Charles Quist, held a different view and said nowhere in the High Court rules was a court obliged to hear a star witness before an accused person could speak.
According to the trial judge, the accused person had been offered six adjournments within a three-month period to enable him to call his witness.
The judge held that the court could not use further adjournments to forestall the case of the prosecution, adding that the MP was obliged to open his defence personally or by proxy.
It further ruled that the MP’s failure to open his defence would mean he was no longer interested in opening his defence.
Following the court’s order, the MP was sworn in to open his defence.
Led by Mr Faibille in his evidence-in-chief, Mr Sakande said he was a Ghanaian and, accordingly, denied charges that he owed allegiance to Britain.
According to the MP, he used to hold British citizenship but he denounced it before contesting for the Bawku Central parliamentary seat in December 2008.
He said the complainant in the case, Sumaila Biebel, was his cousin.
Hearing continues on Friday, October 8, 2010.
The Bawku Central MP was expected to open his defence on August 9, 2010 but his defence pleaded for time to allow the witness to appear before the court.
The court had, on July 8, 2010, ordered the MP to open his defence on charges of false declaration of 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 had been 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.
The MP was, on July 31, 2009, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP.