Judge Steps Down In Abodakpi Case

By Stephen K.Effah
Thursday, 24 July 2008

The case involving Dan Abodakpi, Member of Parliament for Keta, in which an Accra-based lawyer is challenging his right to continue as an MP, took an unexpected turn yesterday at the Supreme Court when the Presiding Judge, Sophia Akuffo, announced that Justice Stephen Alan Brobbey would make a statement to recuse himself from the five-member panel.

But before recusing himself, Justice Brobbey took the opportunity to respond to the objection to his empanelling by Mr.Tsikata last week to hear his case before the Supreme Court, describing it as "illogical".

Mr.Tsikata had argued that Justice Brobbey was once a member of a committee of inquiry set up by the Chief Justice to investigate an alleged misconduct of Justice Henrietta Abban, thus giving him an informed opinion of her, which could influence his case before the Supreme Court.

However, yesterday, Justice Brobbey contended that the issue raised by Mr.Tsikata questions the competence of the judiciary and is likely to whip up public sentiments which should not be encouraged.

He said that Mr.Tsikata’s action implies that once he exonerated Justice Abban of any judicial misconduct after the investigation, Mr.Tsikata thinks that that is likely to cloud his findings his case before the Supreme Court, adding "I do not subscribe to that argument".

Justice Brobbey said that although Mr.Tsikata’s case was unrelated to that of Mr.Abodakpi through which a committee was set up to investigate Justice Abban, he voluntarily recused himself from the panel upon Mr.Tsikata’s request.

In view of this, he told the court that it was prudent to recuse himself from the panel hearing the case involving Mr.Abodakpi since it was through that case that the committee investigated Justice Abban’s alleged misconduct.

He told the court that his integrity and that of the judiciary will be on the line should he go ahead to hear Mr.Abodakpi’s case.

Justice Brobbey said he notified the Chief Justice who has accepted his recusal from the panel.
Just as he finished with his statement, Mr.Tsikata, who happened to be at the Supreme Court for his case on the IFCs immunity, and listened to Justice Brobbey, got up from his seat to respond to the statement but he was turned down by Justice Akuffo.

She told Mr.Tiskata that the case before them is not his case hence she will not allow him to respond to it adding "It has nothing to do with your case so Mr.Tsikata resume your seat".
She therefore adjourned the case sine dine (indefinitely) to allow for the panel to be reconstituted.

The facts of the Abodakpi case are that, a legal practitioner, Mr. Kwasi Danso-Acheampong has filed a writ at the Supreme Court invoking its supervisory jurisdiction to declare the removal of Mr. Abodakpi as a Member of Parliament following his conviction.

Article 97 clause (1) sub-clause (e) and Article 94 clause (2) sub-clause (e) together, state that a
convicted and imprisoned Member of Parliament ceases to be a Member of Parliament, or the seat he occupied before his imprisonment is declared vacant if he fails to vacate the seat voluntarily.

Mr. Danso- Acheampong is asking for, among other reliefs from the Supreme Court, a declaration that an MP on being convicted and sentenced to a term of imprisonment by any court mandatorily, vacates his or her seat.

Further, a declaration that an appeal filed by a convicted and imprisoned MP is not by itself a stay to suspend the vacation of seat by the imprisoned Member of Parliament as mandatorily required by Articles 97 and 94 read together.

Mr.Danso- Acheampong maintained in a statement of claim accompanying the writ, that the Accra Fast Track High Court, presided over by Justice F.T. Faakye, a justice of the Court of Appeal, convicted Mr Abodakpi for defrauding by false pretences and wilfully causing financial loss of $400,000 to the state and in consequence, sentenced him to a term of ten (10) years imprisonment in hard labour.

"Having been convicted and sentenced by a court of competent jurisdiction, plaintiff expected Mr Abodakpi to vacate his parliamentary seat voluntarily and mandatorily as required by the express provisions of Articles 97 Clause (1) Sub-Clause (e) and 94 Clause (2) Sub Clause (e) of the 1992 Constitution read together," Mr. Danso-Acheampong stated.

He had earlier pointed out that PNDCL 284 which was made on the July 24, 1992 and notified in gazette August 7, 1992 has to be construed to bring it into conformity with the provisions of the 1992 Constitution that came into force on January 7, 1993 as required by Article 11(6)