A Ghanaian Businessman, Mr. Seth Yeboah who is challenging the election of Hon.Alban Sumana Kingsford Bagbin as Speaker of the Parliament of Ghana, has secured an Order for Substituted Service against the Clerk of Parliament.
Few days after the election of Alban Sumana Kingsford Bagbin as Speaker of the Parliament, Seth Yeboah petitioned the High Court on January 26, 2021 in a Suit “Seth Yeboah vrs The Clerk of Parliament, James Quayson aka James Quakye Quayson.”
According to the Petitioner, on January 7, 2021 the 8th Parliament of the Republic of Ghana convened for the first time for the sole business of electing a Speaker of Parliament, adding that all the elected Members of Parliament took their seats and the 2nd Respondent James Quayson aka James Quakye Quayson, purported to take a seat as the Member Of Parliament elect for Assin – North.
The Petitioner said, on 6th January 2021 a certain Ustarz Hamza Deputy Chief Registrar of the High Court in Cape Coast signed an Order of Interlocutory Injunction ordering that the 2nd Respondent from holding himself out as a Member of Parliament elect for the Assin -North Constituency.
He indicated that, the express terms of the Interlocutory Injunction and the fact that the 1st Respondent brought this to the attention of the 2nd Respondent, he nonetheless went ahead and proceeded to cast his vote in the elections that resulted in the declaration of Alban Bagbin as the Speaker of Parliament.
The Petitioner believes that if the terms of the Court Injunction had been obeyed to the letter, the results of the elections would have been different.
He said, the participation of the 2nd Respondent in the election of the Speaker when there was a valid court injunction ordering him NOT to hold out himself as Member of Parliament elect made the election illegal, void and of no legal effect.
The Petitioner was seeking a declaration that the 1st Respondent’s (Clerk of Parliament) decision to allow the 2nd Respondent to participate in the election of the Speaker and the factum of the 2nd Respondent holding himself but as a Member of Parliament elect for Assin – North when there was in existence an unequivocal Court Order so prohibiting him collectively made the election of Alban Bagbin illegal, void and of no effect.
Meanwhile, Respondents have been given eight days after service of the Order entering appearance either in person or by their solicitors at the Registrar of the High Court, Accra but in default, the Court will proceed to hear the Petitioner and pronounce judgment in their absence.
