- "No one is above the law. Whether you’re a member of parliament or whoever, you’re not above the law. So, if a court has just indicated that you should be served with the court processes, the only civil way that you can do is just to accept the processes."
Gary Nimako, the lawyer for the New Patriotic Party (NPP) candidate contesting the Assin North parliamentary results has said that no individual is above the law therefore acts of assault by lawmakers should not be condoned in Ghana.
Alleged assault on Supreme Court bailiff
The bailiff of the Supreme Court, Joshua Baning, has alleged that the embattled National Democratic Congress (NDC) MP for Assin North, James Gyakye Quayson, ordered his personal assistant, and bodyguard to throw him out of his office at Parliament House when he went to serve him with court documents as ordered by the apex court on 1 February 2022.
According to the bailiff’s Affidavits of non-service, sworn on 3 February 2022, and read in court, Baning, said when he arrived at the office of the MP in Parliament, he indicated to him personally that he had come to serve him with some court documents.
Upon his [bailiff] disclosure, he indicated that the MP ordered his personal assistant and his bodyguard to assault him and to throw him out of his office.
Police to investigate alleged assault
Speaking to Asaase News, Nimako said his outfit will file a report for the police to carry out an investigation into the matter.
“We intend to proceed by way of, first of all, a report to the police for the police to investigate that matter. We have also been informed that the court itself has given a directive that the bailiff informs the Chief Justice to also institute an investigation into the matter,” Nimako said.
He added: “…No one is above the law. Whether you’re a member of parliament or whoever, you’re not above the law. So, if a court has just indicated that you should be served with the court processes, the only civil way that you can do is just to accept the processes, get your lawyers to file their respective responses so that the court can proceed to hear the application or injunction and decide one way or the other.”
Seeking other options
Lawyer for the Applicant in the case seeking interpretation of Article 94 (2a) of the 1992 Constitution and an injunction on Quayson, from holding himself as a member of Parliament for Assin North constituency in the Central Region, Frank Davis, noted that in the circumstances, they will apply to the court for leave to explore other means of service.
The presiding judge of the seven-member Supreme Court panel, Justice Jones Dotse, in his ruling to adjourn the hearing, ordered the registrar of the Supreme Court Matthew Antiaye, to furnish the office of the Chief Justice, Justice Anin Yeboah, with all the full details of the alleged attack on the court’s bailiff for further investigation and action.
Nicholas Brown
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