Lawyers for embattled Food and Drugs Authority (FDA) lawyer on Friday asked an Accra High Court to adjourn their motion for an injunction because COA FX boss Dr Samuel Ato Duncan has not received a copy of the motion.
Cynthia Dapaah-Ntow's three lawyers said they have also filed another motion against documents filed for investigative journalist Manasseh Azure Awuni.
They, therefore, wanted the case to be adjourned to December 8, the day the fresh motion has been slated.
But the lawyer for Multimedia Group and the investigative journalist, Samson Lardy Anyenini, argued that what was going on was only a ploy to delay the case.
He told the court that the motion “has absolutely nothing to do with the third Defendant but against Multimedia broadcasting or publishing the documentary”.
The lawyers opposed his argument insisting the case not should go on until the third Defendant has received the motion.
The judge agreed but said the case will go on the next time if they don’t make sure that Dr Ato Duncan has been served.
The FDA lawyer filed the suit and motion for an injunction after Joy FM aired the investigative documentary titled 'The returned bribe'.
It could, therefore, not be aired on TV pending a decision on the motion for an injunction.
The CEO of the Food and Drugs Authority (FDA) and the head of Legal Affairs are being investigated for allegedly taking bribe from the manufacturer of COA FS.
Professor Samuel Ato Duncan told investigative journalist Manasseh Azure Awuni that the head of Legal Affairs, Cynthia Dapaah Ntow, demanded that he pays $100,000 so he will be given the green light to continue selling his product.
Aggrieved Mrs Dapaah-Ntow took the matter to the Accra High Court.
In court on Friday, her lawyers also argued that by their fresh motion, they will urge the court throw out things filed for Manasseh because he too has not been served anything so far.
But Mr Anyenini rose up again and emphasised that the actions clearly show delay tactics because the law allows Manasseh Azure to file an appearance and defend the case even when he has not been served.
He asked for that motion to be dealt with immediately today even though he has not been given a copy yet.
Mr Anyenini said the December 8, date for arguing that motion is also not good for him as it a day after voting.
The judge asked the lawyers to discuss a date for the adjournment with lawyers for Cynthia Dapaah-Ntow insisting, apart from December 8, they will only be available on December 22.
The judge then ruled that the two motions will be dealt with on that day whether or not the third Defendant has been served.
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