The Kaneshie District Court has withdrawn the bench warrant it issued for the arrest of Member of Parliament for Madina, Francis-Xavier Sosu, after his lawyers filed for a stay of execution.
The bench warrant for the MP’s arrest was issued when on Monday November 29, 2021 he missed out of court for the third time in a row.
Lawyer Francis-Xavier Sosu however prayed that the court sets aside the warrant issued because it was unlawful and unreasonable.
In response, a communique from the MP’s camp indicated that the plea was accepted following the attendance of Francis-Xavier Sosu to the Court on December 1, 2021.
The case has since been adjourned to January 12, 2022.
In his appearance, he was accompanied by Minority Leader Haruna Iddrisu, Former Deputy Attorney General Dr. Dominic Ayine, former Deputy Interior Minister James Agalga, former Youth and Sports Minister Edwin Nii Lantey Vanderpuye, Bawku Central MP Mahama Ayariga among other MP.
Background
The Kaneshie District Court on Monday November 29, 2021 issued a bench warrant for the arrest of the MP for Madina, Francis-Xavier Sosu.
It comes after the Madina MP failed to appear in court for the third consecutive time.
Counsel for the MP, Victor Kwadjoga Adawudu, told the court his client was not present because he is a member of the constitutional and legal affairs committee of Parliament, which is currently sitting on the Anti-LGBTQI Bill.
The police prosecutor, Assistant Superintendent of Police Sylvester Asare, argued that the conduct of the MP clearly points to him being unwilling to make himself available to stand trial.
Relying on Section 167 of the Criminal and Other Offences (Procedure) Act 1960 (Act 30), ASP Asare prayed the court to issue a bench warrant for the arrest of the MP to compel him to attend court.
The court presided over by Magistrate Oheneba-Kuffour, granting the prayer for a bench warrant to be issued, said several theories of “deception” have been advanced regarding the case and this must end.
The court therefore issued the bench warrant and adjourned sitting to 12 January 2022.
On 16 November, the Madina MP missed court for the second time at the Kaneshie District Court, forcing the judge to adjourn sitting to 29 November 2021.
The police filed charges against Sosu over what they described as “unlawful road blockade and destruction of public property” during a demonstration in his constituency.
Representing Sosu, Victor Kwadjoga Adawudu told the court on Tuesday 16 November that his client, pursuant to a letter from the Speaker of Parliament served on the court at the last sitting, was still out of the country and was expected to return in a week.
He, therefore, prayed the court to adjourn sitting to 29 November, by which time he was certain his client would have returned to the country.
ASP Sylvester Asare, representing the Police Service, told Magistrate Oheneba-Kuffour that the police have not received any communication signalling that the accused would be unable to attend court.
