SUMAILIA BIEBIEL (PLAINTIFF/RESPONDENT) vs. ADAMU DARAMANI (DEFENDANT/APPELLANT)

MARFUL-SAU, JA: This appeal raises one fundamental issue, which is whether or not the claim of the Plaintiff/Respondent in suit No.AHR 35/90 at the High Court (Fast Track Division) is an election petition, or enforcement action? If it is an election petition then on the authority of Yeboah v. J.H.Mensah (1998-99) SCGLR 492, then the proper forum is the High Court. On the other hand should the respondent claim be held to be an enforcement action under article 2 of the 1992 constitution then the forum obviously ought to be the Supreme Court. What then is the respondent claim before the court? The respondent writ is endorsed with the following reliefs, namely: 1.A declaration that the defendant is a holder of a British passport and therefore owes allegiance to a country other than Ghana and is therefore disqualified from holding the office of Member of Parliament of the Republic of Ghana. 2.An injunction against the defendant restraining him from holding himself out as a Member of Parl...