The Secretary to the Board of Trustees of the National Cathedral, Reverend Victor Kusi-Boateng, had a contempt action brought against him by the National Democratic Congress (NDC) Member of Parliament (MP) for North Tongu, Samuel Okudzeto Ablakwa.
Rev. Kusi-Boateng was assessed a cost of GH10,000 in favor of the MP by the court, presided over by Justice Charles Gyamfi Dankwa, after the contempt application was denied.
Rev. Kusi-Boateng filed a contempt petition against the lawmaker after first suing Mr. Ablakwa for defamation due to several claims made against him over the National Cathedral project.
Rev. Kusi-Boateng charged the MP with contempt for allegedly kicking the defamation action papers when a judge tried to serve the MP with them and refused to accept service of the process.
According to reports, Mr. Ablakwa rejected court documents when they were served upon him on the Metro TV property on February 3, 2023, saying that he was en route to Parliament and that the court bailiff should have followed the correct protocol for serving MPs with court documents.
The petitioner claimed that the MP's acts disrespected, undermined, and damaged the court and the reputation of the legal system.
case thrown out
However, in a decision rendered yesterday, the court dismissed the contempt application on the grounds that it was erroneous, irregular, and did not satisfy the legal requirements.
First, the court determined that Elis Armah, the bailiff who served the MP with court documents, was not an authorized member of the judicial service.
The court ruled that such a move contravened the Chief Justice's order that court papers be delivered by authorized bailiffs of the Judicial Service.
Once more, the court noted that Mr. Ablakwa had claimed that because he was on his way to Parliament, the service should be carried out properly by being delivered to the Clerk of Parliament.
The court determined that the petitioner was unable to persuade the tribunal that the MP was not en route to Parliament when he was served with court documents. Justice Dankwa further rejected the request based on discrepancies in the affidavits submitted by Rev. Kusi-Boateng and the particular bailiff who was tasked with serving court papers.
The putative bailiff allegedly testified that he placed the court documents in the MP's car, whereupon the lawmaker tossed them out; however, Rev. Kusi Boateng allegedly testified that the documents were placed on the MP's side, whereupon the MP kicked them.
"The application for contempt is dismissed as the applicant could not prove his case beyond a reasonable doubt," Justice Dankwa said.
Rev. Kusi-Boateng is the subject of an investigation requested by Mr. Ablakwa of the Commission of Human Rights and Administrative Justice (CHRAJ) due to an alleged conflict of interest, numerous identities, and other suspected illegal activities.
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