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Court dismisses Bawku MP's application
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Politics of Thursday, 20 August 2009

Source: GNA

Court dismisses Bawku MP's application

Accra, Aug. 20, GNA - A Fast Track High Court (FTHC)in Accra on Thursday dismissed a stay of execution pending an appeal application filed by the embattled Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani.

The court presided over by Mr Justice N.M.C. Abodakpi ruled that a repeated application could not be heard by the same court when its content was similar. The court noted that the application for stay of execution could only be entertained when it contained fresh issues. According to the court the proper forum for the application to be heard was the Court of Appeal. It therefore awarded cost of GH¢2,000 against Mr Daramani.

Speaking to journalists later, Mr Yonni Kulendi, Mr Daramni's counsel, said he disagreed with the verdict of the court contending that the trial judge erred in his ruling. According to Mr Kulendi, they would proceed to the Court of Appeal.

The FTHC presided over Mr Justice S.K. Aseidu on July 15, 2009, entered a default judgment against Mr Daramani and declared that he should vacate his seat because he owes allegiance to Britain instead of Ghana, and he could therefore not be an MP in Ghana. The court further threw out an application for leave to enable him to file his defence.

Appearing before a different FTHC on August 13, Mr Kulendi, who moved the motion on behalf of the MP, argued that the default judgment could not stand the test of time because it was not obtained on merit. According to Mr Kulendi the court erred in law when it gave declarative relief, adding that the relief could only be obtained after evidence had been led. According to him the refusal of the application would cause an irreparable damage to Mr Daramani who had been elected. Dr Raymond Atugubah, counsel for the plaintiff, contended that Mr Daramani could not state reasons for his delay in filing his defence and his application amounted to wasting the court time and abuse of the judicial process.

Mr Sumaila Biebel, a cattle farmer, commenced the action seeking a declaration that Mr Dramani should be ordered to vacate his seat because he is a British national and does not qualify to be an MP. The MP, who had 14 days to file his defence in respect of the matter, failed to do so after entering appearance. The judge, after listening to both counsels, dismissed the motions contending that Mr Dramani was not able to satisfy him, that was why he delayed in filing his defence and awarded cost of GH¢1,000 against him.

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