Embattled Assin North MP, James Gyakye Quayson
The Supreme Court has ordered the embattled Assin North MP, James Gyakye Quayson, to file his defence in a case seeking to stop him from performing Parliamentary duties.
When the case was called before the court yesterday, Mr Tsatsu Tsikata, who led the counsel for the MP, informed the court that its order for substituted service had not been fully complied with.
He said the publication in the Daily Graphic did not contain all court processes, but simply had the order of the court and date for hearing.
“My Lord, it had only the order of substituted service and hearing notice to the parties. The hearing notice served on us flies in the face of the order that your Lordship made,” Mr. Tsikata said.
But counsel for the plaintiff, Frank Davies, told the Court that a misunderstanding of its order in respect of the Daily Graphic publication does not mean the MP is not aware of court processes. He explained that the other modes of service had been complied with.
The Court then noticed that court processes had been given to Mr. Tsikata’s co-counsel, Justin Teriwajah.
The Court Registrar, Michael Anyetei, informed the court that the necessary documents had been given to the legislator’s legal team because of a letter the Registry received from Mr. Justin Teriwajah. This letter informed the Registry of his appointment as a lawyer for the legislator. The Registry, therefore, gave all documents to the lawyer.
Attorney-General Godfred Yeboah Dame told the Court that the said letter written by the lawyers and subsequent receipt of documents meant sufficient information on the case had been given.
The Court by a unanimous decision dismissed the objection raised by Mr. Tsikata.
“The essence of substituted service is to bring to the attention of a party of the pendency of the suit. This Court does not expect all processes to be published. Again the letter by Mr. Teriwajah speaks for itself. We, therefore, dismiss the preliminary objection.
On the issue of whether this case is ripe for hearing, this Court in a majority decision of 6:1, with Justice Kulendi dissenting, held that the first accused was duly served as of February 28, 2022.
The Court was adjourned to March 16, 2022 for a hearing.
“The first defendant is to file all processes on or before March 16,” President of the Panel, Justice Dotse, ruled.
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