Brogya Genfi suit: Supreme Court orders for substituted service on Tolon MP

The Supreme Court has ordered substituted service on the Member of Parliament for Tolon, Habib Iddrisu, after multiple failed attempts to serve him court documents.

A member of the opposition National Democratic Congress (NDC) Brogya Genfi, is invoking the Supreme Court’s original jurisdiction to interpret and enforce provisions of the 1992 Constitution concerning the MP’s qualifications.

Mr Genfi argues that Mr Iddrisu was allegedly convicted of fraud in Australia before the 2020 election, rendering him unqualified under Article 94(2)(c) of the 1992 Constitution.

Mr Genfi states that the writ, including the statement of the case, was served on the Tolon MP, the Electoral Commission (EC), and the Attorney General (AG).

Court records show that while the EC and AG have been served, attempts to serve the MP have been unsuccessful.

Mr Genfi contends that despite continuous efforts to serve the MP, including attempts through the clerk of parliament, all have failed.

Due to these developments, the Supreme Court registry officially informed Genfi of their inability to serve the MP.

Consequently, Mr Genfi filed a motion ex parte for an order of substituted service, which the court granted.

The court ordered that copies be pasted on the notice boards of the Supreme Court, the Clerk of Parliament, the Parliament House, and the High Court in Accra.