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SUMAILA BIELBIEL V. ADAMU DARAMANI & OR

(2011) JELR 68533 (SC)

Supreme Court  •  WRIT NO. J1/2/2010  •  4 Jul 2011  •  Ghana

Coram
BROBBEY JSC (PRESIDING), ANSAH JSC, OWUSU (MS) JSC, DOTSE JSC, YEBOAH JSC, BONNIE JSC, ARYEETEY JSC, GBADEGBE JSC, A BAMFO (MRS) JSC

Judgement

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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