Sosu files for revocation of bench warrant, stay of execution following court order
The Member of Parliament of Madina, Francis-Xavier Sosu, has filed for a stay of execution and for an order setting aside a bench warrant issued by the Kaneshie District Court for his arrest.
On Monday, November 29, 2021, the court ordered that the MP be arrested after he failed to show up for the third consecutive time since sittings on the case begun.
This was also beside the fact that the MP had escaped arrest from the police for long, with a very recent case being when the MP had to be whisked away from a church in his constituency on Sunday, October 31, 2021.
This was after it was rumoured that some plain-clothed policemen were spotted at the church purportedly to effect his arrest.
The court however made a decision on Monday, November 29, 2021, where it authorised a warrant for the MPs arrest following the MP's absence in court for the third consecutive time.
In a new development, however, it has emerged that Francis-Xavier Sosu had already applied for a stay of execution in the same court ahead of Monday's hearing.
According to a release from the office of the MP, it explained that the court was aware of all the reasons for which he was not present in court.
"That I was unable to be in court on previous occasions because I was out of the jurisdiction and upon my return, there has not been any official communication from Parliament of any such service of Criminal summons on me.
"That it is out of deference to the Court that I instructed Lawyer Kojogah Adawudu to follow up the matter and file the appropriate processes to Stay Proceedings and to have the Criminal Summons set aside on grounds of illegality, lack of procedural fairness, and unreasonableness contrary to the 1992 Constitution," the statement read in part.
Also, the release indicated that the MP had put in an application in the court earlier Monday morning.
"The said application which is for Stay of Proceedings and for an Order to Set-Aside the Criminal summons was filed at 8:47am on Monday, November 29, 2021, and had been scheduled to be heard on Thursday, December 9, 2021, before His Worship Oheneba Kuffour at the Kaneshie District Magistrate Court which issues the said Criminal Summons," the statement said.
See the full document here:
On Monday, November 29, 2021, the court ordered that the MP be arrested after he failed to show up for the third consecutive time since sittings on the case begun.
This was also beside the fact that the MP had escaped arrest from the police for long, with a very recent case being when the MP had to be whisked away from a church in his constituency on Sunday, October 31, 2021.
This was after it was rumoured that some plain-clothed policemen were spotted at the church purportedly to effect his arrest.
The court however made a decision on Monday, November 29, 2021, where it authorised a warrant for the MPs arrest following the MP's absence in court for the third consecutive time.
In a new development, however, it has emerged that Francis-Xavier Sosu had already applied for a stay of execution in the same court ahead of Monday's hearing.
According to a release from the office of the MP, it explained that the court was aware of all the reasons for which he was not present in court.
"That I was unable to be in court on previous occasions because I was out of the jurisdiction and upon my return, there has not been any official communication from Parliament of any such service of Criminal summons on me.
"That it is out of deference to the Court that I instructed Lawyer Kojogah Adawudu to follow up the matter and file the appropriate processes to Stay Proceedings and to have the Criminal Summons set aside on grounds of illegality, lack of procedural fairness, and unreasonableness contrary to the 1992 Constitution," the statement read in part.
Also, the release indicated that the MP had put in an application in the court earlier Monday morning.
"The said application which is for Stay of Proceedings and for an Order to Set-Aside the Criminal summons was filed at 8:47am on Monday, November 29, 2021, and had been scheduled to be heard on Thursday, December 9, 2021, before His Worship Oheneba Kuffour at the Kaneshie District Magistrate Court which issues the said Criminal Summons," the statement said.
See the full document here:
Source: ghanaweb.com
Source:
GhanaWeb
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