An appeal to set aside a default judgment filed by Adamu Daramani, Member of Parliament (MP) for Bawku Central, was struck out on Thursday by the Court of Appeal (CA).
The CA noted that it could not countenance an appeal rendered mute.
This is because the initial writ which formed the basis of the matter had earlier been struck out by the same court on the grounds that it was improper.
On July 15, last year, the Accra Fast Track High Court (FTHC), disqualified Daramani, from holding the seat in Parliament.
This was after Daramani was dragged to the court by Mr. Sumaila Biebil, a cattle dealer from the constituency, accusing him of holding dual
citizenship.
The FTHC entered a default judgment against Daramani following his non appearance in the matter.
Daramani, was against the Fast Track Court's decision, arguing at the CA, that the FTHC had no jurisdiction over the matter because it was a
constitutional issue and needed to be determined by the Supreme Court.
The MP, who is also challenging Mr. Biebil's capacity to drag him to the court, noted that the writ before the FTHC did not touch on the
defendant's personal rights.
He explained that Biebil's matter was an "Electoral Petition dressed in a constitutional action."
On March 18, this year, the CA ruled that it was wrong in law for Mr. Biebil, to have gone before the FTHC with a writ of summons, to challenge the MP over his seat in Parliament.
In a unanimous decision, the three- member panel declared that Mr Biebil should have gone by an electoral petition since the matter bordered
on electoral dispute.
It therefore set aside the FTHC decision which upheld Mr Biebil's writ of summons concerning the MP's seat.
The CA noted that Beibil's submissions were untenable and fell flat of the law since it was an electoral dispute and he should have gone by a
petition.
"It is wrong to initiate an electoral petition by a writ of summons. Electoral Petition is the proper way to question the election of a person," it said.