The Supreme Court has ruled that the NDC MP for Assin North, Mr. James Gyakye Quayson, has been duly served with a court process seeking to stop him from holding himself as a legislator.
A seven-member panel of the court presided over by Justice Jones Dotse, said a substituted service ordered by the court had been effectively executed and therefore the case has been brought to the notice of the MP.
The court accordingly adjourned the case to March 16, 2022, and directed the MP to file his statement of the case on or before the hearing date.
Daily Graphic publication
When the case was called Monday, the Daily Graphic publication of the notice took the centre stage after the lawyer for the MP, Tsatsu Tsikata, raised an objection.
Counsel argued that only the hearing notice was published in the Daily Graphic, instead of the whole process as directed by the court.
Also, the counsel argued that the time was not ripe for hearing the case because the court indicated that the substituted service would take effect seven days after the publication in the Daily Graphic.
The lawyer for the plaintiff, Mr. Frank Davies, disagreed with the submissions of Mr. Tsikata and argued that the court-ordered different modes of service and therefore the publication in the Daily Graphic should not be seen as the only mode of service.
The court agreed with Mr. Davies and held that the publication in the Daily Graphic was not the only mode for service directed by the court.
According to the court, the posting of the court processes at the Supreme Court, the High Court at Assin Fosu, and the residence of the MP were enough to bring the case to the attention of the MP.
