SC throws out Bawku Central MP

Adama Daramani Sakande

The Supreme Court (SC), by a unanimous decision, dismissed an application filed by the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, who sought a review of the court's ruling, affirming that it has the capacity to determine the case filed by a Cattle dealer against the MP.

 In affirming its previous decision, the court, presided over by Justice Sophia Akufo, yesterday ruled that the application filed by Sumaila Bielbiel, a cattle dealer in Bawku, invoking the original jurisdiction of the court, fall within the scope of  core duties of the Supreme Court.

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

According to the court, the applicant did not satisfy the court with enough justification to overturn its earlier ruling, as exceptional circumstances as argued out was not identified.

Additionally, the court indicated that its earlier decision had not occasioned any miscarriage of justice. It, therefore, directed that the substantive case should continue before the original panel.

Counsel for the Bawku Central MP, Mr. Yoni Kulendi, had in a preliminary objection challenged the capacity of the Supreme Court to entertain an application invoking its original jurisdiction, while the case filed by the Cattle dealer was an election issue.

Sumaila Bielbeil had challenged the continuous stay in Parliament by the MP for Bawku Central, Adamu Daramani Sakande.

Arguing his application for review of the Supreme Court decision, Mr. Kulendi had submitted that the attempt of Bielbiel in removing the MP from Parliament was not warranted by the law.

According to him, if the Supreme Court allows the request of the cattle dealer, it would amount to overturning the decision of the Court of Appeal, even though the decision was not on appeal.

This, counsel noted, would amount to a grave subversion of the Constitutional order, if the highest court of the land disregards the Court of Appeal, which is the highest court in determining electoral disputes in the country.

Additionally, Mr. Kulendi noted that the majority decision of the court erred when it indicated that the action brought before it was different in scope to that of the issues before the trial High court and the Court of Appeal.

It was also the view of the of counsel that Bielbiel could not invoke the original jurisdiction of the Supreme Court because the decision of the Court of Appeal had rendered him helpless, adding that the Supreme court had no jurisdiction over the election petitions or disputes.

Sumaila Bielbiel had filed an application invoking 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, with the Attorney General and the MP as respondents.

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 its original jurisdiction and 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.