Francis-Xavier Sosu
The embattled National Democratic Congress (NDC) MP for Madina, Francis-Xavier Sosu, has filed yet another application urging the Kaneshie District Court to rescind a bench warrant it issued for his arrest.
The District Court presided over by His Worship Oheneba Kufuor, last Monday issued the bench warrant after the MP failed to appear before the court for a third consecutive time to face criminal charges as pressed by the Ghana Police Service.
His lawyer, Victor Kwadjoga Adawudu has also filed another motion at the High Court seeking to stay the execution as well as set aside the bench warrant issued by the lower court.
Order to Rescind
The affidavit in support of the motion for an order to rescind the bench warrant which was deposed to by one Jerry Asem claims that Sosu’s inability to appear before the court was as a result of his parliamentary duties on that very day.
It said Sosu is a ranking member of the Committee on Constitutional, Legal and Parliamentary Affairs and the committee had a public hearing in respect of the Anti LGBTQ+ Bill on the same day the case was scheduled for the court.
“I am advised by counsel and verily believe same to be true that the failure of the applicant (Mr. Sosu) to appear before the court was not out of disregard for the court but due to the fact that the applicant’s presence was necessary for the public hearing of the above stated bill,” the affidavit in support noted.
It added that, his stated reason is a proper ground for the bench warrant issued against the MP to be rescinded.
Stay of Execution
The affidavit in support of the motion for stay of execution of the bench warrant which was also deposed to by Jerry Asem has been filed at the High Court.
In effect, if the District Court dismisses the MP’s application to rescind its bench warrant order, the MP expects the High Court to stay execution of the Bench Warrant Order by the District Court.
The deponent said in spite of the processes filed to stay proceedings and set aside the criminal summons issued against Sosu, the District Court alleged that the case had gathered a lot of deception and the said allegations are contrary to court records.
It said the prosecution and the court have never alleged that the MP was misleading the court or being untruthful about his presence in court, adding that Sosu who is a lawyer “is ready and willing to defend his rights at any forum and will not shy away from exercising any right under the laws as a law-abiding citizen.”
It said “the issuance of the said bench warrant is unconstitutional, especially in relation to the work of the applicant, and the applicant was in Parliament performing a national duty.”
It added that if the District Court had exercised some restraint and listened carefully to Sosu’s lawyer and cross-checked the facts, it will not have issued the said bench warrant as it was public knowledge that Parliament was sitting to hear the public on the Anti LGBTQ+ Bill.
The hearing of the application for stay of execution is scheduled for December 8, 2021.
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 last Monday, after the Speaker of Parliament had written to the court on two previous occasions that the MP was on parliamentary duties outside the country.
When the case was called on Monday, Mr. 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 had said the MP’s acts were disrespectful to the court and had shown a clear intention that he did 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.
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.
Speaker of Parliament, Alban Bagbin, then wrote 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.
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