The criminal high court has ordered a criminal summons to be posted on the door of the Manet Home of National Democratic Congress (NDC) MP for Assin North, James Gyakye Quayson, after his failure to appear in court for the second time to answer for five charges preferred against him by the state.
The beleaguered Assin North legislator has been charged by the state with perjury, deceit of public officer, forgery of travel certificate among others.
The charge sheet filed at the registry of the High Court and signed by Yvonne Atakora Obuobisa, the Director of Public Prosecutions, preferred five counts against the MP.
The charges
The first charge is ‘Deceit of Public Officer’ contrary to section 251(b) of the Criminal Offences Act, 1960 (Act 29). On this charge, the Attorney General indicates that James Gyakye Quayson, “on or about the 29th of July 2019 at the Passport Office, Accra with intent to facilitate the obtaining of a Ghanaian passport, deceived the Ministry of Foreign Affairs by making a false statement that he did not have a dual citizenship, a statement which he did not have a good reason to believe to be true at the time of making it.”
The second charge preferred is ‘Forgery of Passport or Travel Certificate,’ contrary to section 15(1)(b) of the Passports and Travel Certificates Act, 1967 (NLCD 155). The state explains that James Gyakye Quayson, “on or about the 26th of July 2019 at the Passport Office, in Accra, made a false statement that he did not have a dual citizenship for the purpose of procuring a passport, a statement, he knew to be untrue at the time of making it.”
‘Knowingly making a false statutory declaration’, contrary to section 5 of the Statutory Declarations Act, 1971 (Act 389), is the third charge against the MP. The Attorney General explained that James Gyakye Quayson, “on or about 6th October 2020 at Assin Fosu, made a statutory declaration that he did not owe allegiance to any country other than Ghana, a statement which he knew to be false in a material particular at the time of making it.”
The fourth charge is ‘Perjury’, contrary to section 210(1) of the Criminal Offences Act, 1960 (Act 29) and the last charge is ‘False Declaration for Office’, also contrary to section 248 of the Criminal Offences Act, 1960 (Act 29).
On the fourth charge, the Attorney General indicated that James Gyakye Quayson, “on or about 6th October 2020 at Assin Fosu, made a false statement on oath that he did not owe allegiance to any country other than Ghana.”
The Attorney General on the fifth charge, noted that on or about 8th October 2020 at the Electoral Commission Office in Accra, James Gyakye Quayson, knowingly used a declaration that he did not owe allegiance to any country other than Ghana for the purpose of obtaining a public office as a Member of Parliament, a statement he knew to be material for obtaining that office.
DPP argument in ourt
The director of public prosecution (DPP), Yvonne Atakora Obuobisa today 9 February 2022, said in open Court that on 3 February 2022, after the Court ordered that hearing notice shouted be issued with the service address of the accused person at Assin Bereku in the Central Region, same was done but they were unable to serve him.
Subsequently, the address of the accused person in Accra was obtained and the police posted a copy of the hearing notice on the inner door of the accused person at Manet estate in Accra.
“Again, on 7 February 2022, we caused a second hearing notice to be issued for service by the Court’s bailiff at the home of the accused person in Accra”.
“On this same date the police investigator also posted a copy of the charge sheet at the home of the accused person. The police met an occupant of the home of the accused who refused to accept the charge sheet and said the accused had gone out” Yvonne Atakora Obuobisa, the Director of Public Prosecutions said.
“With the attempts made to effect service and the fact that at every time the police and bailiff are told the accused person has gone out, a bench warrant would have to be issued for the arrest of the accused to enable him appear before the court for trial” the DPP requested.
By Court
Justice Mary Maame Ekue Nsenkyire’s Court after hearing the DPP indicated that where an accused person cannot be served, the summon can be left or pasted at a conspicuous part of his house per Secrion 65 of Act 30.
“The criminal summons, charge sheet and the facts should be posted at his home at Manet estate, (with digital address GZ-192-7313). Hearing is adjourned to Tuesday 15 February 2022” the Court ruled.
Wilberforce Asare
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