Supreme Court Judge declines to sit in Abodakpi's case

Accra, July 23, GNA - A Supreme Court Judge on Wednesday excused himself from a five-member panel to hear the case in which a legal practitioner, Mr Kwasi Danso-Acheampong is seeking the removal of Daniel Abodakpi, Member of Parliament (MP) for Keta, from the House. Mr Justice S.A. Brobby, who read his statement in open court, indicated that he had sent a copy of his statement to the Chief Justice Mrs Georgina T. Wood and she had accepted it.

The Court was to have heard the case on Wednesday but it was adjourned after Mr Justice Brobby decided to opt out. "I cannot sit in Abodakpi's case because Mr Abodakpi was the principal witness at the Committee set up to investigate an alleged bias case involving Mrs Justice Henrietta Abban."

According to Mr Justice Brobbey in the case involving Kwasi Danso Acheampong verses the Attorney General, the Speaker of Parliament and Daniel Abodakpi, was not directly linked. Abodakpi is the third defendant.

He emphasised the need to protect the image of the Judiciary in such instances saying it would be proper to excuse himself to enhance the image of the Judiciary in the eyes of the public. Tsikata had earlier objected to Mr Justice Brobby sitting on another case because he (Mr Brobbey) had been mentioned as the one who chaired a Committee of Enquiry over a case of bias against Mrs Justice Abban.

Tsikata, who was ushered into the courtroom by Prison Officers while Mr Justice Brobby was reading his statement, requested that he be allowed to respond.

But Ms Justice Sophia Akuffo asked that Tsikata should resume his seat since the matter before the Court had nothing to do with him. She, therefore, adjourned the matter sine die to enable the Panel to be reconstituted.

Mr Danso-Acheampong contends that Mr Abodakpi mandatorily vacated his seat as MP for Keta Constituency on February 5, 2007 when he was convicted by a Fast Track High Court to a 10-year jail term for causing financial loss to the State and defrauding by false pretences. President John Agyekum Kufuor granted Mr Abodakpi amnesty by forgiving him the rest of his sentence.

Mr Danso-Acheamping is 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, which spells out that convicts cannot be in Parliament. The Court of Appeal in a 2-1 decision upheld the judgment of the Fast Track High Court, which convicted Abodakpi to a 10-year jail term. He has served notice that he would appeal the decision at the Supreme Court. 23 July 08