Last updated on Thursday, 29th July, 2010, at 11:59am
Bielbiel to appeal against Bawku MP ruling
By Citifmonline.com | Fri 19th March, 2010 12:53 GMT

Dr. Raymond Atuguba, Lawyer for Bawku Cattle dealer Sumaila Bielbiel says his client will go ahead to the Supreme Court on Monday, March 22 to seek an interpretation on a Court of Appeal ruling that a High Court had no jurisdiction to hear a civil suit brought against Bawku MP Adamu Daramani Sakande.

On Thursday, March 18th, a court of appeal ruled unanimously in favour of the Bawku MP who was seeking the court to declare that a high court had no jurisdiction to hear a matter relating to an election petition, though filed as a suit.

The Lawyer for the Bawku MP, Egbert Faibille told Citi News that the court of Appeal’s ruling effectively means there is no longer a civil case against the MP and that he can continue to hold himself out as MP but Lawyer for Bielbiel says the case is far from over.

According to Dr. Raymond Atuguba, there are several options available to his client at the Supreme Court.

“It is a very wrong interpretation of the law because there are different legal options open in the Supreme Court meanwhile Faibille is basing his argument on only one of the number of options open at the Supreme Court there are a number of options lined to my clients to make a decision by close of day tomorrow and base on his decision; we would be in the Supreme Court on Monday."

On whether the unanimous decision by all three courts of appeal judges is indication that the matter is rather straight forward, Dr. Atuguba disagreed.

“If you have a principle of law you need to establish and you loose at one stage, it is better to try it a higher stage so in our case we want to test it at the Supreme Court…it could be possible all the three appeal court judges had the judgment wrong like it happen all the time at the court.”

According to him, “the case is not as straight forward as it seems, we are talking about a procedural effect which means that the substantive case has still never been determined so you need to make a distinction between the procedure and the substantive case… a substantive case is very clear and the truth about the matter is very clear.”

Meanwhile the Bawku MP still has two appeal cases and a criminal case pending at the high court.

 

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