Assin North MP case: Applicant to apply to SC for substituted service
The applicant has filed a writ seeking the interpretation of Article 94 (2a) and injunction of the Member of Parliament from holding himself as such. On February 1, 2022, however, the Supreme Court could not sit on the matter due to the unsuccessful attempts made by the Registrar to serve the MP.
Lawyer for Michael Ankomah-Nimfah, a private citizen, has hinted at making an application to the apex Court for substituted Service if court officials are unable to serve the Assin North MP, James Gyakye Quayson.
The applicant has filed a writ seeking the interpretation of Article 94 (2a) and injunction of the Member of Parliament from holding himself as such.
On February 1, 2022, however, the Supreme Court could not sit on the matter due to the unsuccessful attempts made by the Registrar to serve the MP.
As a result, the Supreme Court panel presided over by Justice Jones Dotse and comprised by Nene Amegatcher, Gertrude Torkonor, Yoni Kulendi, Agnes Dordzi, Mariama Owusu and Prof. Henrietta Mensa-Bonsu ordered the applicant to aid the Registrar to serve the defendant in his personal capacity but not as an MP.
During proceedings today, Tuesday, February 8, 2022, the Registrar, Mathew Antiaye indicated that a bailiff tasked to serve the MP was thrown out by his official bodyguards.
He further mentioned that an attempt had been made to serve the Member of Parliament at his private residence per the last orders of the court but to no avail thus the bailiff attempted to serve the MP in Parliament but was thrown out.
As a result of the difficulty, Frank Davis notified the court of his side’s resolve to make an application for substituted service if the difficulty persists.
The case has meanwhile been adjourned to March 1, 2022, after the court ordered the Registrar to make an official report on the alleged assault of the bailiff to be forwarded to the Chief Justice for investigation.
