Lawyer for Oliver Barker-Vormawor has filed a motion for an Order of stay of proceedings pending an appeal in the ongoing case of defamation brought on by Minister for National Security, Albert Kan Dapaah.
The Lawyer prayed the court to stay the proceedings in the suit, pending the determination of the appeal in the notice of appeal dated December 15, 2023 and make any other order which the court would deem fit
The court is expected to move the motion on Wednesday 10th January 2024 at 9 am
It would be recalled that On December 14, 2023, the General Jurisdiction Court 13, presided over by His Lordship Joseph Adu-Owusu Agyeman, dismissed a petition by Mr. Oliver Barker-Vormawor, pleading with the court to dismiss a case brought against him by Mr. Albert Kan-Dapaah, the Minister of National Security.
The judge further fined Mr. Barker-Vormawor 3,000 Ghana cedis for wasting the court’s time.
Mr. Kan-Dapaah’s, on September 26, 2023, sued Mr. Barker-Vormawor following the latter’s allegations of bribery against him.
Upon failing to submit his statement of defence, the court, on November 29, 2023, granted a request by the lawyers of Mr. Barker-Vormawor, seeking an extension of the deadline to enable the social activist to submit his statement of defense.
The case was subsequently adjourned to today, December 14, 2023.
In court, Mr. Barker-Vormawor counsel moved a motion for the case brought against their client to be dismissed.
Advancing arguments based on who may bring an action on behalf of the State, whether a public officer who suffers a tort in the course of performing his functions could sue the state for remedy, whether the facts upon which the plaintiff grounds his claim were facts that happened entirely within the functions as a public officer; and evoking the principle of mutuality, the Counsel for Mr. Barker-Vormawor, Mr. Justice Srem Sai, stated that the nature of the claim in respect of which the plaintiff (Mr. Kan-Dapaah) is suing were entirely things that happened during his performance as a Minister of State.
He further argued in this regard that the Attorney General rather than Mr. Kan-Dapaah should have sued Mr. Barker-Vormawor, his client.
Against this backdrop, Mr. Srem Sai, on behalf of Mr. Barker-Vormawor, prayed the court to dismiss the suit.
The judge, in giving his ruling, settled the argument on whether Mr. Kan-Dapaah, in his capacity as a minister, has the right to sue Mr. Barker-Vormawor without recourse to the Attorney General.
The judge stated that there is a difference between the person of the minister and the function of the minister.
The judge further stated that the court does not believe that when the integrity of the character of a Minister of State is injured, the Attorney General has to head to court to seek remedy on behalf of the Minister.
The judge emphasized that the minister, on his own, has the right to purge himself of any allegations brought against him by an individual.
Against this backdrop, the judge dismissed the motion by Mr Barker-Vormawor petitioning the court to dismiss the case brought against him by Mr. Kan-Dapaah.
The judge further charged Oliver 3,000 Ghana cedis for wasting the time of the court.
The judge finally adjourned the case to January 9, 2023, and tasked Oliver Barker-Vormawor to submit his statement of Defence.
