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General News of Thursday, 26 June 2008

Source: GNA

Supreme Court to hear case for Abodakpi's removal from Parliament

Accra, June 26, GNA - The Supreme Court will on July 15 hear the case in which a private legal practitioner, Mr. Kwasi Danso-Acheampong is seeking the removal of Daniel Abodakpi, Member of Parliament (MP) for Keta, from the House.

But the writ was nearly thrown out due to the odd nature of the case title and shortfalls in the pleadings.

However, the Supreme Court with a five-member panel said due to public interest in the case it would hear the matter.

The panel comprises Ms Justice Sophia Akuffo, Mr Justice Allan Brobbey, Mrs Justice Sophia Adinyirah, Mr Justice Darte-Baah, and Mr Justice S.K. Asiamah.

The court therefore asked Mr Danso-Acheampong, who represented himself, to amend the title of the case and join the Speaker of Parliament, Rules Committee in Parliament, Attorney-General as defendants in the case.

The court said the defendants should be served by July 11 and they should file their statements of case if any, pointing out that, "joining of the defendants was without prejudice" to the defendants.

Mr Danso-Acheampong contends that Mr. Abodakpi mandatorily vacated his seat as MP for Keta Constituency on February 5, last year when he was convicted by the fast track High court to a 10-year jail term for causing financial loss to the state and defrauding by false pretences.

He was therefore seeking the Supreme Court's interpretation of section 10 of the Representation of the People Law 1992, Law 284 to have Mr. Abodakpi removed from Parliament on the charges of defrauding by false pretences, which had been confirmed by the Court of Appeal. He is also seeking the interpretation of Article 97 of the Constitution on the legibility of an MP and the Article 94 of the 1992 Constitution which spells out that convicts cannot be in Parliament. Mr Tony Lithur, who represented Abodakpi, said his client was only served two days ago with the notice of hearing and he (Mr Lithur) was served with memorandum of issues which he said he found quite strange. Ms Valerie Amartey, Chief State Attorney, said the

Attorney-General's Department was waiting for the outcome of Abodakpi's appeal against his conviction at the Court of Appeal. The court of Appeal in a 2-1 decision upheld the judgement of the Fast Track high Court which convicted Abodakpi to a 10 year jail term. He has served notice that he will appeal the decision at the Supreme Court.