Xavier-Sosu absent in court: Case adjourned again

BY: Justice Agbenorsi

The Kaneshie District Court has for the second time, adjourned the case involving the National Democratic Congress (NDC) Member of Parliament for Madina, Mr Francis-Xavier Sosu.

This was after the MP, who has been charged for unlawfully blocking a public road and the destruction of public property, failed to appear before the court for the second time forcing the court presided over by Oheneba Kufuor to adjourn the case to November 29.

When the case was called today (Nov 16), counsel for the legislator, Mr Victor Kwadjoga Adawudu, told the court that his client was still out of the country and was expected to return next week.

He, therefore, prayed the court to adjourn the case to November 29.

For his part, the prosecution, represented by Assistant Superintendent of Police (ASP) Sylvester Asare told the presiding judge that the Police had not received any communication to indicate the inability of the accused person to attend court.

Letter

The judge, in his response, indicated that he had received a letter on his file signed by the Deputy Clerk to Parliament, Eric Owusu Mensah which read: “Please refer to your letter No. KDC/202/22 and dated 9th November, 2021 which attached a Hearing Notice on the above matter for service on the Honourable Member for Madina Constituency, Hon. Francis-Xavier Sosu”.

The letter further read; “I have been directed by the Rt. Hon. Speaker to bring to the attention of the Hon Court that the Hon. Member is attending at the proceedings of the 3rd Meeting of the 1st Session of the 8th Parliament which commenced on Tuesday 26th October 2021 and is also currently representing Parliament and the Country in a conference in the United States of America”.

“Pursuant to article 117 of the 1992 Constitution of the Republic, I am unable to bring the service to the attention of the Member of Parliament as requested” the letter dated the 10th of November 2021 indicated.

After the court had read the letter, ASP Asare requested a certified true copy of the said letter for police records.

The court subsequently adjourned sitting to 29 November 2021.

Background

The MP joined his constituents of Ayi-Mensah, Danfa and the Otinibi in a demonstration over poor roads on Monday, October 25, 2021.

During the protest, some of the protestors allegedly blocked roads, burnt tyres and destroyed some public property.

Following the demonstration, the police have been unsuccessful in their attempts to arrest Mr Sosu with Parliament upholding its privileges and requesting proper procedures for MPs who must face criminal prosecution.

It is the case of the police that Mr Sosu had questions to answer in respect of the criminal act the protestors engaged in they tried to invite the MP to assist with investigations.

However, the MP had been on the defence that he followed due process in organising the protest and, therefore, stated that there was no basis for his arrest.

After the first attempt to arrest him, Mr Sosu filed a formal complaint in Parliament accusing the Greater Accra Regional Operations Commander, Assistant Commissioner of Police (ACP) Mr Isaac Kojo Asante, and the Adentan Divisional Commander, ACP Mr Eric Winful, of contempt of Parliament.

The Speaker of Parliament has since referred the complaint against the two police officers to the Privileges Committee of Parliament.

He was first expected to appear in court on Monday, November 8, this year but was absent.

The prosecution notified the court that the Police had received a letter from the Speaker of Parliament indicating that Lawyer Sosu was out of the country on Parliamentary duties, a situation which compelled the court to adjourn the case to today (Nov 16).