SUMAILA BIELBIEL vs. ADAMU DARAMANI AND THE ATTORNEY GENERAL

The dispute arose from allegations that Adamu Daramani, then a sitting Member of Parliament, held a British passport and therefore owed allegiance to a country other than Ghana, contrary to the constitutional qualifications for membership of Parliament. The respondent, Sumaila Bielbiel, first sued in the High Court seeking declarations that Daramani was disqualified from holding office as MP and an injunction restraining him from acting as MP. After the Court of Appeal held that the High Court action was in substance an election petition and set it aside, Bielbiel invoked the original jurisdiction of the Supreme Court seeking a declaration, on a true and proper interpretation of articles 94(2)(a) and 97(1)(e) of the 1992 Constitution, that Daramani’s continued occupation of the parliamentary seat was unconstitutional. Daramani then raised a preliminary objection to the Supreme Court’s jurisdiction; that objection was overruled by majority. The present ruling concerns Daramani’s application to review that interlocutory ruling. Portion of judgment: “By a Writ of Summons issued in the High Court, Accra, on 9th February 2009...”; “Thereafter, the Respondent, by a writ filed on March 30th 2010... invoked the original jurisdiction of this Court...”