Registries undertake service of writs - Judiciary

Accra, Aug. 18, GNA - The Judicial Service on Tuesday said the serving of writs are normally undertaken by the registries of the various courts without the prior knowledge of the Chief Justice or the trial judge who would sit on the case.

A statement issued in Accra and signed by Mrs Grace A. Tagoe, Director of Communications of the Service, said "the assertion that the Supreme Court directed the writ to be served on Parliament over the STX agreement when it was in session is a palpable falsity because it could not have happened."

It said the Supreme Court which is headed by the Chief Justice, does not direct the service of writs and the manner in which these are to be effected."

The statement said at the time the writ in question was issued and served, a panel of the Supreme Court had not been constituted and could therefore not have directed the service of a writ on Parliament.

It said as had been the practice, when a writ was filed at the registry, it was the duty of the bailiff to serve the court process on a defendant.

The statement said after a stipulated number of days, the docket was referred to a judge for trial to begin.

"Therefore, before then, a judge has absolutely no idea about the writ until it is set before him or her by the Registrar of the court," it added.

The statement said it was therefore erroneous for anyone to think or state publicly that it was the Supreme Court, chaired by the Chief Justice, which directed the manner in which a writ or any other court process was served as is being portrayed in the case of the STX agreement while it was before Parliament.

"Had this been the case, it would have amounted to a clear violation of the Constitution and other laws of Ghana and also undermined the cherished values of the concept of Separation of Powers," it said.