AG asked to file affidavit in MP's case

Accra, July 26, GNA - The Supreme Court (SC) on Tuesday asked the Attorney General to file an affidavit and statement of case in respect of a motion for review filed by Adamu Dramani Sakande, Member of Parliament for Bawku Central.

The AG is to file the affidavit and statement by July 29.


The SC further ordered the applicant, Sakande and Sumaila Beibil, a farmer and one of the respondents, to file responses if any by October 14.


The SC is expected to rule on the matter on October 26.


Mr Beibil, who was without a lawyer, said he relied on the documents filed before the SC.


In the case of the AG, it prayed for extension of time to enable him to file his statement of case and an affidavit.


According to Mr Sylvester Williams, a Principal State Attorney, the AG was served on July 11 and the same documents were given to him on July 15.

He would therefore need some time to respond to it.


The SC, however, did not take kindly to Mr Williams’ submission asking him why he took so long a time to file his response.


The 11-member panel presided over by Ms Justice Sophia Akuffo, said “the people of the republic expect more than this. I find your submission distressing”.


Sakande had filed a notice of motion seeking the review of the majority decision of the SC on October 20, 2010.


The SC had earlier ruled that it had the jurisdiction to entertain a suit filed by Mr Beibil based on Article 130 (1) and Article 2 of the 1992 Constitution.


Sakande through his counsel Mr Yonni Kulendi, however, filed a motion for review, contending that the SC should hear his because it had exceptional circumstances.

According to counsel, the SC in its earlier decision came to a wrong decision regarding its jurisdiction.


Counsel submitted that the SC erred when it reached that conclusion pointing out that Mr Beibil cannot resort to it (SC) if he was stranded by the Court of Appeal’s decision which ruled that the matter brought by Beibil was an election petition disguised as a constitutional enforcement action.


Sakande is currently facing three charges of false declaration of office, perjury and deceiving a public officer before the Fast Track High Court. He has denied the charges and is on bail.


Other members on the panel are Mr Justice S.A. Brobbey, Ms Justice Sophia Adinyira, Mr Justice Julius Ansah, Ms Justice Rose Owusu, Mr Justice Victor Jones Dotse and Mr Justice P. Baffoe Bonney.


The rest are Mr Justice Anin Yeboah, Mr Justice B.T. Aryeetey, Mrs Justice Vida Akoto-Bamfo and Mr Jutice Sule Gbadegbe.