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SUMAILA BIELBIEL
V.
ADAMU DARAMANI & OR

(2011) JELR 68533 (SC)

Supreme Court 4 Jul 2011 Ghana
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- The plaintiff filed a writ claiming that the defendant, who holds a British passport, is acting in violation of the 1992 Constitution by sitting in the Parliament of Ghana. - The plaintiff raised an anticipatory legal objection to the jur

Case Details

Suit Number:WRIT NO. J1/2/2010
Judges:BROBBEY JSC (PRESIDING), ANSAH JSC, OWUSU (MS) JSC, DOTSE JSC, YEBOAH JSC, BONNIE JSC, ARYEETEY JSC, GBADEGBE JSC, A BAMFO (MRS) JSC
Counsel:YONNY KULENDI WITH EGBERT FAIBILLE JNR FOR THE 1ST DEFENDANT /APPELLANT, DR. RAYMOND ATUGUBA FOR THE PLAINTIFF/RESPONDENT, SYLVESTER WILLIAMS (PSA) FOR THE 2ND DEFENDANT.

RULING

GBADEGBE JSC:

On 30 March 2010 the plaintiff caused the writ herein to issue claiming the following reliefs:

“1. A declaration that on a true and proper interpretation of articles 97(1) and 94(2)(a) ADAMU DARAMANI, also known as ADAMU DARAMANI-SAKANDE; ADAMU DARAMANI SAKANDE; ADAMU SAKANDE, who holds a British Passport and therefore “owes allegiance to a country other than Ghana” is acting in contravention and in continuous violation of the 1992 Constitution for as long as he continues to sit in the Parliament of Ghana.
2. Any consequential orders the Supreme Court may deem meet.”

In the statement of case filed by the plaintiff, he raised by himself without waiting for the defendant to be served with the processes initiating the action herein what he described as an anticipatory legal objection to the jurisdiction of this court to inquire into the claims contained in the writ. Although the procedure adopted by the plaintiff was quite unusual; for it is the defendant who ordinarily r…

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