[2010]DLCA7864 • March 18, 2010 • Court of Appeal
SUMAILIA BIEBIEL (PLAINTIFF/RESPONDENT) vs. ADAMU DARAMANI (DEFENDANT/APPELLANT)
HONYENUGA J.A. This is an appeal from the Ruling of the High Court, Fast Track Division, Accra, dated the 23rd day of June 2009. This appeal raises one main critical issue for consideration that is whether or not the reliefs claimed by the plaintiff/respondent is an election petition or an enforcement action under the 1992 Constitution? The Defendant/Appellant is the Sitting Member of Parliament of the Bawku Central Constituency who was declared the winner of the parliamentary elections held in the Bawku Central Constituency on the 7th day of December 2008. He was also sworn into office on the 7th day of January 2009 as the Member of Parliament for Bawku Central. The plaintiff/respondent who described himself as a citizen of Ghana, a registered voter in the parliamentary elections, a cattle dealer who hails from, resides and works in Bawku in the Upper East Region of Ghana. The plaintiff/respondent alleges that the defendant/appellant is not qualified to contest for or hold the...