A document circulated in the media and signed by a certain Harold Tivah Atuguba, trumpeting to have filed a suit against the University of Education, Winneba (UEW) and six (6) others, can at best be described as ‘euthanasia’.
On the front cover of the page 1 to 9 document, the date of filing the case at the High Court, is stated as 11th September, 2018, at 2:52pm.
Under Order 7 Rule 8 (1) of the High Court (Civil Procedure) Rules, 2004 (C. I. 47), it is stated that: “... computation of any period after service of a document shall commence on the day on which service is effected”. A document dated the 11th of September, 2018, at 2:52pm, would most likely be served on the Respondents the next day 12th September, 2018. So if service was actually effected on Wednesday 12th September, 2018, again, per the provisions of C. I. 47, an action can only commence 3 days after service is effected.
Therefore, setting 9am of Friday the 14th of September, 2018 as the date of moving a motion in court with regards to the suit in question, is legally flawed. Friday being the third day, a motion in respect of this particular case may be moved on Monday 17th September, 2018, but NOT earlier!
Secondly, it is a Convention that, when the Ghana Bar Association (GBA) is holding its Annual Conference, the Courts, even though opened, hardly sit. The GBA Annual Conference, ends on Friday 14th September, 2018
The question is, which Lawyer worth his salt, was going to leave the GBA Annual Conference, and make a mockery of himself by appearing in court at 9am on Friday 14th September, 2018, because a certain Harold Tivah Atuguba, whose credentials appear questionable, says so?
To drill the final ‘nail’ through the centre of the dismissed UEW VC head, and his marauding scavengers, this Atuguba guy, advertised the Ghana School of Law in general, and himself in particular, as the laughing stock of the century! The basis of this submission follows.
Under Article 57 (5) of the 1992 Constitution, it is provided in plain English that: “The President shall not, while in office as President, be personally liable to any civil or criminal proceedings in court”.
On the face of Atuguba’s widely circulated document, the President of the Republic of Ghana, Jubilee House, Accra, is named as the 6th Respondent. Herein lies the mother of all ignorance!!
The said suit, is dead at birth!! The said motion was never moved in court at 9am on Friday 14th September, 2018. The Respondents, being adherents of the Rule of Law, did not bother to waste time and resources to make an appearance in ‘Atuguba’s High Court’!
People like Raymond and Harold, are doing what any rational being would have done, by claiming their ‘fair share’ of the looted funds of UEW by the dismissed VC and his co-conspirators. There are some cases which only serve to enrich Lawyers, and this is one of such cases!
To borrow the words of Asiedu Nketiah, aka General Mosquito in conclusion, “any idiot can go to court”. I rest my case!
Alhassan Salifu Bawah (son of an upright peasant farmer)
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