Crime & Punishment of Tuesday, 12 June 2012
The Supreme Court on Tuesday adjourned sine die the matter brought against the Member of Parliament (MP) for Bawku Central, Adamu Dramani Sakande over his alleged dual nationality.
The court empaneled by a single member, Professor Justice Date-Baah, said “The case involving Adamu Dramani has been adjourned sine die and cannot be heard, a later date would be notified”.
At its last sitting, the court by an unanimous decision dismissed a submission of ‘no case’ and asked the MP to open his defence.
Dramani was on July 31, 2009, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, and deceiving public officers to be elected as an MP, but was exonerated on six of those charges on July 8, 2010.
He is currently facing three charges of false declaration of office, perjury and deceiving a public officer.
Mr. Sumaila Biebel, a cattle dealer in March 2009, filed a suit at the High Court challenging the eligibility of the MP on the grounds that the MP held both British and Burkinabe passports.
The court, in a default judgment on July 15, 2009, ordered the MP to vacate his seat.
Counsels for the MP appealed against the decision resulting in the Court of Appeal declaring in a unanimous decision that Mr. Biebel should have gone by an electoral petition, since the matter bordered on electoral dispute.
All matters relating to electoral disputes are to be heard as electoral petitions and those petitions are to be heard 21 days after the results of the elections have been declared.
Aggrieved by the Court of Appeal’s decision, Mr. Biebel went to the Supreme Court, which decided to take evidence from him.
He has since testified and been cross-examined by Mr. Egbert Faibille Jnr, Counsel for the MP.
The defence filed a submission of ‘no case’ after Mr. Biebel had completed his evidence-in-chief and had been cross-examined.
The counsel said Mr. Biebel had failed to fully comply with the rules of evidence, and for that reason there was no evidence before the Supreme Court.
The defence said the standards for submitting exhibits had not been met by Mr. Biebel therefore the court should strike out the case.
Mr. Biebel is also the complainant in the criminal action against the MP at an Accra Fast Track High Court.**