The Supreme Court has for the second successive time been unable to hear a writ of summons against the contested Member of Parliament for Assin North, James Gyakye Quayson due to the inability to serve the processes on the legislator.
The Court at its last adjourned date was informed by its Registrar of two failed attempts to serve Mr. Quayson through Parliament, and subsequently ordered the plaintiff to assist the Court Registrar to serve the summons on the defendant.
When the Court reconvened today, Tuesday, February 8, 2022, Registrar, Matthew Antiaye informed the court that the processes could still not be served.
He told the court that though they attempted to serve the processes on James Gyakye Quayson on two different occasions and at two different locations, the bailiffs were unsuccessful.
In a sworn affidavit dated 1st February 2022, a Supreme Court bailiff, Joshua Banning, narrated how he was thrown out of James Quayson’s Office at Job 600, Parliament House.
According to the Bailiff, he arrived at Mr. Quayson’s office, introduced himself and declared his intention.
He was however immediately dismissed by Mr. Quayson who said he was busy and ordered his Personal Assistant to escort him out.
The Bailiff said when the Personal Assistant was unable to do this, Mr. Quayson ordered his bodyguard to throw him out; and that was done.
In the second affidavit, Francis Kumi, a bailiff attached to the Assin Fosu Court swore that he got to Mr. Quayson’s indicated residence on 7th February 2022, where a caretaker informed him that Mr. Quayson was away in Accra and did not know when he would return.
Still in court, the Supreme Court turned down an indication by Tsatsu Tsikata to intervene as a friend of the Court.
Mr. Tsikata, who is not a party to the case, had attempted to provide information to the Court after the Registrar read out the sworn affidavits.
But President of the Court, Dotse JSC, noted that the Court at the material time was in no need of the intervention since it was yet to consider the intricate question of article 117 of the Constitution, 1992.
Article 117, provides that Civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker or a member or the Clerk to Parliament while he is on his way to, attending or returning from, any proceedings of Parliament.
The case has subsequently been adjourned to Tuesday, March 1, 2022, for hearing of the motion.
The 7-member Court was composed of Justices Jones Dotse, as President, Nene Amegatcher, Getrude Torkonor, Yoni Kulendi, Agnes Dordzi, Mariama Owusu and Prof. Henrietta Mensa-Bonsu.