The Accra High Court has ruled in favor of North Tongu Member of Parliament, Samuel Okudzeto Ablakwa, dismissing contempt charges brought against him by Rev. Victor Kusi Boateng, Secretary to the Board of Trustees of the National Cathedral.
The charges were filed after the legislator was captured on video rejecting court documents related to a defamation suit against him, kicking the documents with his foot in the process.
Rev. Kusi Boateng had sued Ablakwa for publishing statements that suggested he was involved in a conflict of interest and double identity for allegedly operating under another name, Kwabena Adu Gyamfi.
However, the court dismissed the contempt charges on the basis that the bailiff who served the documents was not certified by the judicial service.
As per the Judge’s verdict, the Chief Justice had issued a directive in 2021 that only members of the Judicial Service were authorized to serve writs. The court, however, observed that the supposed bailiff was not an employee of the Judicial Service, therefore, the process could not be deemed as valid.
Moreover, the case was thrown out on the basis that the alleged bailiff failed to comply with the prescribed procedures for serving a member of parliament who was either engaged in parliamentary duties or en route to the parliament, as asserted by Samuel Okudzeto Ablakwa on February 3, 2023, when the incident occurred.
During the ruling, the Judge noted that the applicants failed to provide convincing evidence to support the contempt charge as there were discrepancies in the facts presented before the court.
Justice Charles Gyamfi Dabkwah subsequently dismissed the case and ordered Rev. Victor Kusi Boateng to pay a penalty of GHC10,000.
