Francis-Xavier Sosu
A Kaneshie Magistrate Court in Accra yesterday issued a warrant for the arrest of National Democratic Congress (NDC) MP for Madina, Francis-Xavier Sosu, after he failed to appear before it for the third time.
The controversial MP was expected to appear before the court yesterday where he is facing criminal charges as pressed by the Ghana Police Service.
Evading Arrest
The Madina MP’s blatant refusal to honour police invitation following the violent scenes recorded during the demonstration he organised on October 25, to push for good roads in his constituency, sparked heated debate on whether or not a Member of Parliament who has committed an offence can be arrested by the police.
Sosu failed to show up for the third time after the Speaker of Parliament had written to the court on two previous occasions that the MP was on parliamentary duties outside the country.
Yesterday, when the case was called, Victor Kojogah Adawudu representing the MP had told the court that Sosu as the Deputy Ranking Member of the Constitutional and Legal Committee of Parliament, was in a meeting in Parliament regarding the Anti-Gay Bill.
Counsel then said the MP had sent one Rahman to represent him in a criminal case, insisting that the circumstances in Parliament accounted for Sosu’s absence.
Prosecution’s Submission
However, the prosecution led by ASP Sylvester Asare said the MP’s acts were disrespectful to the court and had shown a clear intention that he does not want to appear before the court.
He said the accused person cannot send another person to represent him in a criminal matter and therefore, urged the court to activate Section 167 of Act 30 and issue a bench warrant for the arrest of the accused person.
The court then asked whether the police had taken a statement from the accused and ASP Asare said they have not because the MP has still not availed himself to the police.
Beyond Police
Mr. Adawudu then cut in to tell the court that Sosu has not made any effort to give statements because the matter is beyond the police since it is in court and the police do not have jurisdiction except the court.
The prosecutor replied Mr. Adawudu saying, “We are happy that it is on record that the matter is beyond the police and when something goes beyond police it means we don’t have jurisdiction, so we humbly invite the court to come under section 167.”
ASP Asare said no one is above the law and the court has the power and nobody can undermine that power, adding that “this court should not be used to mark register.”
Last Minute Effort
Mr. Adawudu in his bid to convince the court not to issue the bench warrant indicated that they have been candid with the court and his client (Sosu) should not be punished as he has not misled the court.
He then indicated that Sosu has filed a motion challenging the jurisdiction of the court to hear the matter.
The court presided over by His Worship Oheneba Kufuor then noted that there is too much ‘deception’ in the system and subsequently issued a warrant for the arrest of Mr. Sosu.
The case has been adjourned to January 12, 2022.
More Intrigues
The MP was supposed to make his maiden appearance on November 8, on charges of obstruction of public way, causing damage to other road users and unlawful damage, but the court was told that he had travelled outside the country.
It was the Speaker of Parliament, Alban Bagbin, who had written to the court to inform the judge that the MP was on official parliamentary duties outside the jurisdiction, compelling the court to reschedule the case to November 16.
On November 16, he failed to show up once again and the same Speaker wrote to inform the court again that the beleaguered MP is still on parliamentary duties, this time, in the United States and would not be available for the proceedings.
Interestingly, the MP who was said to be on parliamentary duties as indicated in the Speaker’s letter, was seen on social media frolicking with Kevin Taylor, the young man who has been using social media to attack and insult many personalities in the country, claiming he is seeking the betterment of Ghana.
“We have not received any indication that the accused person is in town but we are aware that this court caused a hearing notice to be served on the Clerk of Parliament. What we do not know is whether they have responded,” ASP Asare had stated on November 16.
His Worship Oheneba Kufuor then indicated that the Deputy Clerk to Parliament had written to the court’s registrar informing her that the MP was still out of the country.
He, however, had said he was trying to make sense of the letter because one part says the MP was attending parliamentary sittings and the other said he was on an assignment in the United States.
Sosu Lawyer
Mr. Adawudu then told the court that Sosu was returning to Ghana the next week and even said that he had spoken with the MP who had informed him that he was still not in the country as at November 16, and that compelled the court to adjourn the case to November 29.
Video Evidence
In one video, Sosu was captured instigating the youth to block roads and cause mayhem, and he later run to Parliament to claim that he was being harassed by the police and wanted the officers looking for him rather punished by the legislature.
The police said that during the demonstration which occurred between Ayi Mensah and Amrahia in the Madina Constituency, on October 25, the youth he had organised, blocked roads and burned tyres, caused destruction to property and even prevented an ambulance carrying a pregnant woman from seeking medical attention at the Dodowa District Hospital.
MP’s Bodyguard
In the ensuing heat, the police said the MP’s bodyguard who is also a policeman, drove dangerously through the crowd and put the lives of some senior officers at the scene in danger.
The policeman has since been interdicted by the Ghana Police Service.
Sosu after causing the chaos then run to Parliament to claim victim and rather caused the Speaker, Alban Bagbin, to invite two top policemen who were instrumental in pressing for his arrest, to the Privileges Committee.
Church Drama
On Sunday, October 31, the police determined to arrest the MP, reportedly swarmed a church in Madina where the MP was said to be preaching, but it was unclear if the law enforcers were there to effect the MP’s arrest.
Some of the NDC MPs thronged the Believers Church at Ritz Junction, Madina, to prevent the police from arresting the MP, and subsequently whisked him away in a vehicle.
Police Clarification
ACP Kwesi Ofori later clarified in a statement that they were not there to arrest the MP but rather to gather intelligence, saying “any plain-clothed police personnel found on the premises of the church may have been there for intelligence purposes and not to effect an arrest.”
Open Support
Mr. Bagbin, addressing participants at the first-ever Speaker’s Breakfast Forum in Kumasi appears to have gone into the case yet to be heard when he said that the attempt to arrest the MP was an “obstruction” since the MP “had gone through all the processes of the public order act.”
He said the MP got permission to stage the demonstration and accused the police of sending another group to arrest the MP.
Court Action
Instead of honouring the invitation of the court, he rather went to a higher court and filed a suit against the Inspector General of Police (IGP), seeking to restrain the police from arresting him.
Fraud Accusation
After filing the court action, he went ahead to attack the Ghana Police Service, saying they used ‘fraudulent’ means to charge him for court.
“Let me quickly serve a notice, even that criminal summons was made without due process and due regards to law. You cannot accuse a person if you have not heard from the person because you don’t charge people in absentia. So how you even came by an accusation and a charge is very fraudulent,” he said at the end of the budget presentation by the Finance Minister last Wednesday.
By Gibril Abdul Razak