The High Court in Accra has cleared Samuel Okudzeto Ablakwa, the NDC's North Tongu representative, of all charges of contempt of court and released him from those charges.
The General Secretary of the National Cathedral Board of Trustees, Rev. Victor Kusi Boateng, filed a contempt petition and claimed that the MP had slandered him. The High Court, presided over by Justice Charles Gyamfi Dankwa, rejected the petition today.
The court additionally granted costs in the amount of GHC10,000 in favor of the MP against Rev. Boateng after dismissing the contempt motion.
Contempt
Rev. Boateng charged Mr. Ablakwa with contempt after bringing the defamation action, which was related to various accusations made against him over the National Cathedral project, and claimed that the MP had kicked him.
The court bailiff presented him with the court documents.
Not liable
However, the court held that the aforementioned bailiff, Elis Armah, who served the MP with court documents, was not a recognized officer of the judicial service in its decision dismissing the contempt application.
The court ruled that such a maneuver contravened the Chief Justice's order that court papers be served by authorized bailiffs of the judicial service.
Once more, the court ruled that MPs exercising legislative responsibilities could not be served with court documents.
The court ruled that the petitioner was required to determine whether Mr. Ablakwa was carrying out legislative responsibilities on the day the process was served upon him and, if so, to affect the proper process of service.
Justice Dankwa further rejected the application on the grounds that the affidavits submitted by Rev. Boateng and the aforementioned bailiff, who filed the motion, were inconsistent.
In contrast to the supposed bailiff's assertion that the MP put the court documents in his car and the lawmaker threw them away, Rev. Boateng said that the MP placed the documents at his side and kicked them.
"The application for contempt is thrown out as the applicant could not prove his case beyond a reasonable doubt," Justice Dankwa declared.
blogpay
Total Comments: 0