August 12, 2010

The Judicial Service says the private bailiff who recently served a writ relating to the Controversial STX Housing deal on the Speaker of Parliament erred in law but it objects strongly to NDC fire-brand, Dr Tony Aiddo’s suggestion that the Supreme Court may have sanctioned such illegality.

The writ was served at the Speaker’s office after CPP National Youth Organizer, Kwabena Bomfreh, dragged both Parliament and the Attorney General to Court, seeking an order to restrain the House from further discussing the STX Housing deal, which was then being considered by MPs.

The serving of the writ at the time Parliament was in session drew angry reactions from the Majority side of Parliament, with NDC MP for Tamale Central Hon Inusah Fusei, quoting sections of the 1992 Constitution to pray Second Deputy Speaker, Hon Doe Adzaho, to have the Mr. Kwabena Bomfeh hauled before the Privileges Committee to answer charges of contempt of Parliament.

In his ruling on the matter, First Deputy Speaker, Hon Doe Adzaho declined the invitation, saying he would wait for Speaker Justice Bamford Addo to return and take up the issue with the Chief Justice.

He nonetheless ruled that the conduct of the bailiff breached key provisions of the 1992 Constitution as well as the standing orders of the House.

Speaking exclusively to Citi News on Wednesday August 11, Judicial Secretary, Justice Alex Poku-Acheampong, conceded that the conduct of the bailiff who served the writ was wrong, but insisted that the Supreme Court cannot be accused of being behind such wrongful act.

He was responding to Dr. Tony Aidoo’s assertion on Citi FM on Monday, August 10, that the Supreme Court was culpable for allowing an illegality to have occurred.

“Our position is that it was not the Supreme Court that allowed or directed the service of the writ on parliament while it was in session.

Anyone who is familiar with the court process knows that the court itself, that is the judge or judges who constitute the court are not responsible for the service of writ on parties and the outfit in the judicial service that is responsible for service of processes are the bailiffs who work under the registrars.” He explained.