SC grants Bawku MP a reprieve

Adamu Daramani Sakande, MP for Bawku Central

The Supreme Court, by a six to three majority decision, yesterday granted an extension of time to the Member of Parliament for Bawku Central, Adamu Daramani Sakande to seek a review of the court's ruling, affirming that it has the capacity to determine the case before it.

The court, presided over by Justice S.A. Brobbey indicated that the reasons for the decision of the court would be provided to the parties on July 4, this year, while the MP has up to July 11, this year to file his application for review of the decision of the court.

The court grant the extension following an application filed by counsel for the Bawku Central MP, seeking permission from the court to allow his client to a review of the court's decision that it has jurisdiction to determine the issue before them.

Other members of the panel were Justices Julius Ansah, Rose Owusu, Jones Dotse, Anin Yeboah, Paul Baffoe-Bonnie, B.T. Aryeetey, Sule Gbadegbe and Joyce Akoto-Bamfo.

The court further ordered the MP to serve his application on all his parties in the case, while the other parties in the case, upon receiving the MP's application have within a week to file their statement of case or reaction.

The Attorney General, who is a defendant in the application filed by a cattle dealer, invoked the original jurisdiction of the Supreme Court to determine the Constitutionality of the continuous presence of Adamu Daramani Sankande in Parliament as MP for Bawku Central, opposed the request for extension of time.

According to Mr. Samuel Williams, Assistant State Attorney, the time frame within which the MP should seek review of the court's decision had elapsed since the law gives a month after a decision is made for review to b e sought by aggrieved persons.

He noted that it has been about eight months since October 2010 when the decision was pronounced by the court to date, when the MP is seeking for a review, adding that the action of the contravenes the law.

However, counsel for the MP, Mr. Yoni Kulendi argued that his client acted in total good faith and due diligence, in having the suit determined.

According to counsel, his client's delay in seeking for review, followed the inability of the court to at the time provide reasons for dismissing their challenge to the eligibility of the court to determine the case brought before it by Sumaila Bielbiel.

Adamu Daramani Sakande was ordered by the Supreme Court to file his response and statement of case in an application filed by his accuser, Sumaila Bielbiel, invoking the original jurisdiction seeking to bar the MP from continuously staying in Parliament.

Having lost two applications at the Court of Appeal in a case in which the MP had challenged his capacity to sue, Bielbiel went to the Supreme Court to invoke its original jurisdiction on the grounds that the Appeal Court decision had left him stranded as he had no choice but to go to the Supreme Court.

Last year, the MP was ordered to vacate his seat by an Accra High Court in a default judgment, sought by Bielbiel but the Court of Appeal ordered that Adamu Daramani Sakande should be allowed to continue representing his constituency till the final determination of his appeal.