Supreme Court adjourns NDC's writ

The Supreme Court adjourned to Wednesday, July 11, a case in which the National Democratic Congress (NDC) has filed a writ for contempt against the government for replacing the military bodyguards of former President Jerry Rawlings.

The NDC is seeking an injunction to restrain the Attorney General, the government and all their agents to desist from varying the facilities prescribed by the constitution and made available to former President Jerry John Rawlings during his lifetime. The NDC also asked that the status quo be maintained.

Mr Kwakwu Baah is representing the NDC while the Attorney General, Nana Akufo-Addo is leading a three-member team for the government.

In an affidavit the NDC stated that in spite of the writ being in court and in the full knowledge of the Attorney General, the government and all their representatives on Wednesday, May 23 went ahead to replace the military security detail of former President Rawlings with some persons unknown to him.

Among the relief being sought by the NDC is a declaration that the former President is entitled to the facilities available to him as a former Head of State.

Such facilities include his military security detail, which shall not be varied to his disadvantage during his lifetime.

It is seeking that an order be directed at the defendant and the government that no such variation in facilities available to him as former president shall be made without his consent during his lifetime.

The plaintiff said acts of the defendant amounted to contempt of the court. Arguing the matter, Mr Baah said the removal of the personal security detail of the former president was "wanton destruction."

Justice E. K. Wiredu (presiding), Justice Joyce Bamford-Addo, Justice E.D.K. Adjabeng, Justice George Acquah, Justice Sophia Akuffo, Justice George Lamptey and Justice Kwami Adzoe are hearing the application.

The Attorney General said the affidavit filed by counsel on April 20 and served on May 27 for defendant to go to court to restrain the action is not consistent with the law.

He said counsel was given all the opportunity to process his affidavit in support of the writ, but he abused it.

The Attorney General expressed dissatisfaction about a comment by the court that it has powers to restore the security structure of the former president.

Mr Akufo-Addo said though it is in the power of the court to restore the situation, it is only the President who has powers to "alter the security of the nation."

The court had earlier assured Mr Baah that it could restore the original security, since the security structure is temporary.

Mr Baah replied: "Now that I know that the security structure has not been destroyed, I will take steps to file the necessary papers."