Audio By Carbonatix
Adamu Daramani Sakande, the former Member of Parliament (MP) for Bawku Central, has been flown abroad for medical treatment.
Consequently, he could not appear in court Thursday when the civil case against his dual nationality came up at the Supreme Court.
The Court’s president, Dr. Justice Date-Bah, announced at the court's sitting that the court had received a letter from new lawyers for the former MP explaining that he is unwell and has been taken abroad for treatment.
Dr. Date-Bah said the court had also received a notification of change of solicitors indicating that the previous lawyers for the former MP had withdrawn their services.
When the plaintiff, a cattle dealer named Sumaila Bielbiel, was asked whether he had received the notification, he replied in the affirmative but claimed to be unaware that the defendant was unwell.
He said he had no comments and wished Mr. Sakande a speedy recovery.
A state attorney also said he had received the notification of change of solicitors.
Following that, the court adjourned the matter to April 17, 2013.
The former MP, who was sentenced to two years imprisonment for owing allegiance to both Ghana and Burkina Faso, was to appear before the court and open his defence in the case.
The court had unanimously held that as the case is not a jury trial, the former MP should open his defence and state his side of the story in the interest of justice.
According to the court, it could not assume that there was no evidence before it because Mr. Bielbiel, who is seeking the original jurisdiction of the court to oust the MP from Parliament, had filed an affidavit.
They consequently ordered him to open his defence.
Bielbiel sought to oust the MP from Parliament on the basis of allegations that he had not renounced his British nationality. Following that, the Accra High Court on July 27, 2012 found the former MP guilty and convicted him on three counts of false declaration of office or voting, perjury and deceiving a public officer.
Other panel members were Justices Julius Ansah, Sophia Adinyira, R.O. Owusu, Jones Dotse, Anin Yeboah, Baffoe-Bonnie, Sule Gbadegbe and Vida Akoto-Bamfo.
The former MP appealed against the conviction and sentence, but he was only released from prison when the government granted him amnesty due to a health problem.
Meanwhile, the Court of Appeals has asked the Attorney General's Department to officially file that the former New Patriotic Party (NPP) MP has been granted amnesty by the government.
That, the court said, would determine whether the republic would contest the appeal filed by the former MP against his two years imprisonment for falsely posing as a Ghanaian in order to be elected MP.
In March 2009, Mr. Bielbiel 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. In a default judgement on July 15, 2009, the High Court ordered the MP to vacate his seat.
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