Lawyers for Madina MP, Francis-Xavier Sosu have filed for a Stay of Execution at the High Court in respect of the bench warrant that the Kaneshie district court issued for his arrest.
He wants that warrant issued on November 29 to be set aside.
The stay of execution which was filed on Tuesday, November 30 is also accompanied by an application for an order to rescind the warrant for his arrest.
On Monday, the Kaneshie District Court had issued the warrant after the Madina MP had failed to appear in court for the third time since criminal charges were filed against him.
According to the Police, the MP blocked public roads and caused destruction to public property during a street protest.
However, in a press statement, the legislator stated the two legal actions seek to address the “unlawful” and “unreasonable” warrant issued against him.
He is asking the High Court to set aside the warrant over its “illegality, lack of procedural fairness, and unreasonableness contrary to the 1992 Constitution,” pursuant to Section 73 of the Criminal and Other Offenses Act 1960 (Act 30).
He points out that the arrest warrant was a surprise since his lawyers on Monday, November 29, had applied for a Stay of Proceedings and an order to set aside the criminal summons that was issued by the court after failing to be in court due to Parliamentary duties outside the country.
Also, he points out that his lawyers informed the court that his recent non-attendance was due to his presence on the Constitutional, Legal and Parliamentary Affairs Committee which was considering memoranda from the public in respect of the Promotion of Proper Human Rights and Ghanaian Family Values Bill, 2021, which was broadcast live.
“I maintain that I have not committed any crime and will not subject myself to any unlawful arrest, detention and malicious prosecution, which is why I have resorted to the law courts for the prosecutions against what I see clearly as state-sponsored needless interference with my work as a public interest and Human Rights lawyer and advocate and a Member of Parliament of the Republic of Ghana,” the embattled MP wrote.
Meanwhile, in a bid to execute the bench warrant, officers of the Ghana Police service went on a snoop-about at Parliament on Tuesday.
They were reportedly desperately searching for the MP, including in odd places such as car boots.
Many believe that the Police had been so deployed with the instruction to ensure that the Madina MP is not allowed to enter the chamber.
Such a feat would mean the Minority NDC side would have at least one of its 137 MPs not available at a crucial time that the Majority had been vowing to make actionable, their threats to reverse the rejection of the budget.