Substituted service of Assin North MP: SC dismisses Tsikata’s objection

The Supreme Court presided over by Justice Jones Dotse and consisted of Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof. Mensah Bonsu and Emanuel Kulendi has dismissed an objection raised by Counsel for the Assin North MP, James Gyekye Quayson relative to the service of court processes on the MP through the Daily Graphic.

According to Counsel, the said publication, which followed an order of the Court, did not contain all court processes thus flew in the face of the Court’s order.

The apex court on February 22, granted a motion for substituted service filed by the applicant, Mr. Michael Ankomah Nimfah, who is in court seeking the interpretation of Article 94(2a) and injunction of the Member of Parliament for Assin North from holding himself as such.

On his part, the lawyer for the applicant, Frank Davis indicated that the misunderstanding of the Daily Graphic Publication by the MP’s Counsel is far from the fact that they had not been served to note that other modes of services were complied with.

The Court Registrar told the court that all the needed documents for the case had been served on the MP’s legal team per a response received by his outfit from Mr. Justin Teriwajah, a member of the team.

Also, the Attorney General indicated that the letter written by a Member of the MP’s legal team to the court Registrar and subsequent documents received indicated that they had been given sufficient of the case.

The Court on its part observed that it does not expect all processes to be published in a substituted service and that such a service is only meant to notify of party of a suit that is pending before it thus dismissed Mr. Tsikata’s Objection by a unanimous decision.

Additionally, the court on Tuesday, March 8, 2022, had to also rule on the issue of whether the case is ripe. By a majority of 6 to 1, it ruled in the affirmative indicating that the MP was duly served.

The Court has thus ordered Hon. Quayson filed all processes on or before March 16, 2022, and adjourned the case accordingly to the said date.

Background

In July 2021, the Cape Coat High Court presided over by Justice Kwasi Boakye annulled the Assin North Parliamentary election.

He also restrained Hon James Quayson from holding himself as MP for the Constituency.

This was the Judgment of an election petition filed by a resident of Assin North, Michael Nimfah who challenged the eligibility of Mr. Quayson to hold the office as an MP.

The petitioner also contended that Hon Quayson was not eligible on the basis that at the time of filing his parliamentary nomination, he held citizenship of another country (Canada) in addition to Ghana.

The MP has since the above Judgment of the Court, gone to the Court of Appeal to quash the Judgement of the High Court and in the Supreme Court to challenge a ruling of the Court of Appeal.