Legal Counsel of NDC MP-elect for Assin North, Abraham Amaliba is of the opinion that democracy and the rule of law under Nana Akufo-Addo has gone to the dogs.
"Democracy and the rule of law under Nana Akufo-Addo has gone to the dogs and it appears even with the justice delivery system you cannot be sure that you will get the justice that you require," he concluded.
This statement is in connection with the injunction granted by the Cape Coast High Court against his client James Quayson.
Earlier today, the High Court in Cape Coast ruled that Mr Quayson cannot hold himself out as the MP-elect for the constituency because at the time he was filing his nomination to run for MP, he was still holding on to his Canadian citizenship.
Mr Abraham Amaliba who spoke to JoyNews’ Gifty Andoh revealed that "the justice delivery system has been bastardised" in order to thwart their attempt to file a stay of execution on the injunction subsequent to the ruling.
According to the lawyer, while delivering his ruling on the matter, the judge indicated that the application for the injunction raised issues that should go for a full trial.
However, in the process of reading of the ruling, which he believed at that time was going in his favour, the opposing counsel, Gary Nimako consulted his colleague Yaw Oppong and then there was a "switch" in the judge's ruling.
"At a point, I heard Gary Nimako and Yaw Oppong murmuring because apparently the ruling was in our favour. Then came a point where he (the judge) switched to talking about Order 25, which is talking about the fact that if it is just and convenient for the court to grant the application, then the court will grant the application of the applicant".
Unfortunately for Mr Amaliba, the ruling went against his client as the judge decided that "allowing the MP-elect to be sworn-in and stay in Parliament would cause the applicant so much inconvenience. As a result he was going to restrain the applicant from being a Member of Parliament".
Prior to the reading of the ruling, Mr Amaliba revealed that his team had taken a strategy to file a notice of appeal and a stay of execution even before the ruling was given on the matter.
This, however, did not happen.
"My colleague lawyer who was with me, Adu-Yeaboah, immediately the judge entered, he also got up and went to the Registry. So I even introduced my colleague in absentia. So for the period (of about 45 minutes) that the judge was reading, Adu-Yeboah was at the Registry".
Based on Mr Amaliba's account of the story, his colleague had for that 45-minute period been unable to file the motion because the filing clerk at the Registry was nowhere to be found.
Upon further investigations, it was discovered that she had left the premises of the court at about 2:00 pm in the afternoon and had locked up her office.
"While I was with him there, a called was placed by the Registrar to find out where she was. And [she said] that she was at Saltpond. She had left her office and gone to Saltpond".
While trying to get access to the Registry to file their processes, Mr Amaliba stated that "the Registrar and the Judge had drawn up the injunction order and sent it to Accra through electronic means and they also left the premises".
"While we were standing there physically to be served, they had sent it electronically to Accra. We never got served.
"They have locked us out. They haven't served us that's why I'm saying that the Rule of Law in this country has gone to the dogs because, why do you stop us?...If a judge is sitting, on what basis will the filing clerk leave and lock up?
"The whole judge has been called back from his holiday to sit. Who is a filing clerk to leave post?
"The Registrar is gone, the judge is gone, those who matter are gone the filing clerk is gone. This is not democracy. This is not the rule of law. It's sad," he added.
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