The Attorney General has initiated criminal proceedings against Adamu Daramani Sakande, the Member of Parliament for Bawku Central.
On Thursday, the MP was served with the summons in the court room of the Court of Appeal whilst waiting for that court to hear an application for Stay of Proceedings in a civil matter in which he is praying the Court of Appeal to stay proceedings at the High Court pending the determination of his appeal.
According to the charge sheet which is under the hand of the Acting Director of Public Prosecutions, Ms. Gertrude G. Aikins, the MP faces nine counts. Count One reads "Prohibited Immigrant contrary to Section 8(2) of the Immigration Act, 2000, Act 573.” The particulars of the offence state that on or about the 20th day of December, the MP entered Ghana whilst a prohibited immigrant.
Count Two reads "Forgery of Passport or Travel Certificate contrary to Section 15 of the Passports and Travel Certificates Act, 1967, N.L.C.D. 155.” The particulars of the offence reads that the MP on or about the month of February, 2001 with intent to contravene the immigration laws of Ghana did apply to be issued a Ghanaian passport by stating that he is Ghanaian, a statement which he knew to be false at the time.
With 'regard to Count Three, it states: "False declaration for office or voting contrary to Section 248 of the Criminal Offences Act, 1960, Act 29.” The particulars of, the offence provide that on the 15th day of October, 2008 at Bawku, in the Upper East Region, the MP, in order to qualify as a Parliamentarian did make a statutory declaration to enable him qualify to act in that office, which declaration he knew to be false.
Count Four reads "Perjury contrary to Section 210 of the Criminal Offences Act, 1960, Act 29." The particulars of offence provide that on or about the 15th day of October, 2008 at Bawku, in the Upper East Region, the MP did swear a statutory declaration which stated that he was a citizen of Ghana which, statement he knew to be false.
Count Five reads "Deceiving a public officer contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.” The particulars of the offence state that on or about the 15th day of October, 2008 at Bawku in the Upper East Region, with intent to facilitate the obtaining of an appointment as a parliamentarian, the MP did deceive a public officer acting in the execution of a public office or duty by a declaration that he is a Ghanaian, which declaration he did not have good reason to believe to be true.
Count Six reads "Registration offences contrary to Section 27 of the Representation of the People Law, 1992, P.N.D.C. L. 284." The particulars of the offence state that the MP, before the 2008 elections at Bawku, in the Upper East Region made a false statement in an application to have his name included in the voter's register.
Count Seven reads, "Unauthorised voting contrary to Section 29 of the Representation of the People Law, P.N.D.C.L 284” with the particulars of the offence stating that the MP knowingly voted at the 7th December, 2008 presidential and parliamentary election, at which election he was not entitled to vote.
Count Eight reads "Unauthorised voting contrary to Section 29 of the Representation of the People Law, 1992, P.N.D.C.L 284." The particulars of offence provide that on 288th December, 2008, at Bawku, in the Upper East Region, the MP knowingly voted at the presidential run-off election at which election he was not entitled to vote.
Count Nine states "Registration offences contrary to Section 24 of the Public Elections (Registration of Voters) Regulations, 1995.” The particulars of offence read that on or about the last opening of the voters register in Ghana, the MP registered as a voter when he was aware of his disqualification to do so.
The charge sheet was filed on the 22nd day of July, 2009.
The service of the charge sheet on Hon. Adamu Daramani Sakande sets the stage for what promises to be an interesting battle in court.
It will be recalled that a few weeks ago, the MP was summoned to the Police CID headquarters on an invitation. He however declined to make any statement to the Police as requested.
Source: Ghanaian Observer
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