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Justice Brobbey Withdraws From Panel |
| Mr Justice S.A. Brobbey, one of the panel members of the Supreme Court hearing the case in which a legal practitioner is seeking constitutional interpretation on the continual presence of Mr Dan Abodakpi in Parliament, despite his conviction by a court of law, yesterday withdrew from the panel. |
According to Mr Justice Brobbey, his investigations into allegations of bias levelled by Tsatsu Tsikata against Mrs Justice Henrietta Abban, had a direct bearing on the case involving the Member of Parliament for Keta.
Consequently, the court adjourned the case sine die to enable a new panel to be reconstituted.
When the case was called the President of the court, Ms Justice Sophia Akuffo, stated that a member of the panel wanted to withdraw himself from the case.
Mr Justice Brobbey said after his findings that Mrs Justice Abban had not misconducted herself, Tsikata expressed misgivings about it and for that reason he (Mr Justice Brobbey) wanted to dissociate himself from Mr Abodakpi’s case.
The judge said although he did not subscribe to Tsikata’s argument, which he described as “illogical”, his continued sitting on the case would raise questions about his integrity, as well as the image and reputation of the judiciary.
He said Tsikata’s case had nothing to do with Mr Abodakpi’s case but he (Tsikata) was the principal complainant that led to the setting up of a committee to investigate allegations against Mrs Justice Abban.
Tsikata, who said the statement made by Mr Justice Brobbey was totally a misrepresentation of what he said when he raised an objection about his being empanelled, wanted to react but Ms Justice Akuffo did not indulge him.
She rather adjourned the matter sine die and said she would report the matter to the Chief Justice for a new panel to be reconstituted.
The other panel members were Mr Justice Date-Bah, Mr Julius Ansah, and Ms Sophia Adinyirah.
In the substantive case, Mr Danso Acheampong has filed a writ at the Supreme Court seeking an interpretation of Article 94 of the Constitution that specifies the legibility of a person to become a Member of Parliament (MP), especially when the Keta MP had been convicted by a court of competent jurisdiction.
Article 94 (2)(c)(i) states that a person shall not be qualified to be an MP if he has been convicted “for high crime under this Constitution or high treason or treason or for an offence involving the security of the State, fraud, dishonesty, moral turpitude”.
The article goes on to state in Section 2 (c)(ii) that a person is disqualified to be an MP if he has been convicted for any other offence punishable by death or by a sentence of not less than 10 years.
The suit is against the Attorney-General, the Speaker of Parliament, and Mr Dan Abodakpi, a former Minister of Trade and Industry in the National Democratic Congress (NDC) era, who was convicted and sentenced to a 10-year jail term by an Accra Fast Track High Court.
He was said to have acted, together with the late Victor Selormey, who was also a former Deputy Minister of Finance and Economic Planning, Dr Boadu, a consultant, and other persons with a common purpose, to wilfully cause financial loss of $400,000 to the state through the Trade and Investment Project (TIP) between May and December 2000.
The amount was in respect of a feasibility study for the establishment of a Science and Technology Community Park/Valley Project that was meant to enhance the export of non-traditional products.
They were charged with causing the transfer of the cedi equivalent of $400,000 during their tenure of office in the NDC administration when they co-chaired the TIP.
The former ministers were accused of causing the transfer from the TIP interest account lodged with ECOBANK Ghana Limited into the personal account of the project consultant, Dr Boadu.
They were arraigned on October 14, 2002 on three counts of conspiracy, two counts of defrauding and two counts of wilfully causing financial loss to the state but both of them pleaded not guilty to the charges and were granted a self-recognisance bail.
Mr Abodakpi was, however, granted presidential pardon by way of remission of the remainder of his sentence last month and he returned to Parliament days after he had left the Nsawam Prison.
He appealed against the sentence but the Court of Appeal, by a majority decision of 2-1, dismissed his appeal.
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