By Franklin ASARE-DONKOH
The Accra High Court has dismissed a contempt case filed against the North Tongu Member of Parliament (MP), Mr. Samuel Okudzeto Ablakwa by the Secretary to the Board of Trustees of the National Cathedral of Ghana, Rev Victor Kusi Boateng.
The court has therefore, awarded GHS10,000 cost against the complainant after the judge dismissed the case on the ground that the evidence presented by the Secretary to the Board of Trustees of the National Cathedral of Ghana was fraught with inconsistencies and doubt and therefore, failed to meet the legal standard of proof beyond reasonable doubt.
Reverend Kusi Boateng filed a motion, praying the court to commit Mr. Ablakwa to prison for his conduct.
The North Tongu lawmaker is alleged to have kicked a writ meant to be served on him by a court bailiff on Friday, February 3.
He had given the pretext that he was on his way to Parliament when the bailiff approached him at the forecourt of Accra-based Metro TV to be served Rev Kusi Boateng’s writ.
The writ was to restrain the lawmaker from further making pronouncements on the clergyman’s case of double identity because the matter was before the Commission on Human Rights and Administrative Justice (CHRAJ).
The motion was also to draw the court’s attention to a possible contempt case against the MP.
“When the Bailiff of this Honourable Court reminded the Respondent that Parliament was in recess, the Respondent then claimed that he was on his way to a meeting of one of the committees of Parliament, an allegation which has since turned out to be a falsehood told by the Respondent merely to evade service of the court processes on him.
“I am informed by my Counsel and verily believe same to be true that the immunities available to members of Parliament from being served personally with court processes can only be invoked when that member of
Parliament is either on his way to or way from Parliamentary proceedings or activities; an immunity which the Respondent could not have invoked on the 3rd of February 2023 because the Parliament of Ghana was on recess at that time.
“. . .dissatisfied with the excuses that the Respondent was giving to evade service of Exhibits VKB1 and VKB2, the Court Officer proceeded to discharge his statutory duty of serving court processes personally on the Respondent by leaving the processes as close as possible to the Respondent.”
It was after this that the MP kicked the documents on the floor and drove off.
Rev Kusi Boateng, also known as Kwabena Adu Gyamfi, prayed thus: “I am informed by my Counsel and verily believe same to be true that this Honourable Court has the power to commit the Respondent to prison for his conduct to protect the whole administration of justice and serve as a deterrent to other persons.”
Mr. Ablakwa subsequently reacted to the suit and said that he was not afraid to be imprisoned.
“Let the cowardly forces of tyranny be told that I am not one to be frightened with imprisonment.
“I am ever ready to be a political prisoner of conscience than to be forced and compromised to a behind the scene deal with the corrosive enemies of the Republic,” he tweeted.
Speaking to journalists after the dismissal of the case on Tuesday, May 2, 2023, Mr. Ablakwa said the dismissal “gives us the verve, it gives impetus, it gives us more drive, more inspiration to keep doing what is right in the national interest. Nothing is going to stop us now. We are no longer going to be distracted by all of these shenanigans, the abuse of the judicial process.
“I am glad that the judge really stamped the authority of the court and cleared this out of the way dismissed it and awarded cost so that we can focus really on the work we are doing for God and country,” He reiterated.
