Why the sidechick case was thrown out of court
Why the sidechick case was thrown out of court

The Greater Accra Regional Criminal Investigations Department (CID) of the Ghana Police Service has submitted its diary of action which captures a report of assault on its officers by former National Service Person (NSS) Deborah Seyram Adablah.

The Regional Police CID also submitted to the Court the entries on the Station Diary of the officers of the Counter Terrorism Unit (CTU) who went to execute a Court order for preservation of a vehicle which is a subject matter of dispute.

Detective Sergeant Thompson Ayitey, an Investigator with the Greater Accra Regional CID, who appeared in Court as a Subpoenaed Witness (Court Witness) from Lawyers of the former NSS person said, Adablah obstructed police from doing their work and assaulted them.

“I did not commence the execution order,” Detective Sergeant Ayitey told the High Court in Accra, adding that, “rather I was the night investigator on the said date when the Regional Counter Terrorism Unit (CTU) arrested and brought Deborah Seyram Adablah for obstructing the police officers from executing the order and also assaulting the police officers.”

Deborah Adablah (plaintiff) had her action for sexual harassment against banker Ernest Kwasi Nimako dismissed for no reasonable cause of action.

She is back in court for contempt filed by Mr Nimako.

Ms. Adablah and her lawyers, in an application, are also seeking to set aside service and execution of the prohibition order which was filed on June 15, 2023.

In court on Monday, March 25, 2024, the Court subpoenaed Witness after tendering in the three documents, including the case docket on Adablah, was subjected to cross-examination.

Counsel for Adablah, Lawyer Mohammed Atta, as part of his cross-examination of the Investigator (Witness) sought to find out if the Witness was the officer who commenced work on the execution of the preservation order exhibited on May 19, 2023.

After responding in the negative, that, “I did not commence the execution order,” he explained that, “rather I was the night investigator on the said date when the Regional CTU (Counter Terrorism Unit) arrested and brought Deborah S Adablah for obstructing the police officers from executing the order and also assault on the police officers.”

The Witness (Investigator) also told the Court that, he did not commence action in the Diary of Action.

Asked if he had records in the Police Station Dairy, the Witness said, “I have in the station diary what transpired when the Court Bailiff and the Police went to execute the court order.”

It was the case of Counsel for Adablah that by the police standing orders if an order to work is given, the officer tasked starts making entries from the start to finish.

While agreeing with Counsel of Adablah, the Investigator explained that, “in this case, this order was not to me rather it was addressed through our legal department to the Regional Commander who then sent it to the CTU commander for necessary action.”

The Investigator said the evidence he tendered in Court was after the execution order was carried out.

He added; “I’m not aware when this order came to the Regional Commander.”

When Counsel suggested to him that, he had brought the wrong documents to the Court, the Witness said, “My lord, I tendered what I have or known about.”

He said the officers from the Counter Terrorism Unit officers worked on the execution order from start to finish.

He however told the Court that he will not be in the position to answer questions for the Counter Terrorism Unit unless the said officers themselves.

Following his response, Counsel for Adablah prayed that, in the interest of Justice, the appropriate officers be subpoenaed to answer questions.

Justice John Bosco Nabarese, the presiding judge said Counsel for the plaintiff is to ensure the latest subpoena is served on Regional Counter Terrorism Unit who are said to have executed the order of preservation to appear on May 7 for further cross-examination.

Meanwhile, lawyers of Banker Ernest Kwasi Nimako have also filed an application for a summary judgement.

The case has been adjourned to May 7, 2024.

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