General News of Saturday, 28 June 2008

Source: GNA

Bailiffs urged to be conversant with country's laws

Accra, June 28, GNA- Mr. Justice Stephen Allan Brobbey, Justice of the Supreme Court and Chairman, Board of Trustees, Judicial Training Institute (JTI) on Saturday charged bailiffs to be conversant with country's laws in order not act wrongly.

He also urged them not to compromise on their integrity and truth in the discharge of their functions.

Mr. Justice Brobbey was speaking at a training programme and certification of new private Process Server companies in Accra.

The day's seminar organized by the Judicial Service was to enable servers put across their concerns as well as prepare them for the task ahead. The process to privatize and license new court process servers started in 2005 with five companies and by early 2008 twelve more have been added to increase the number to 17 companies.

Mr. Justice Brobbey said even though there were many good bailiffs in the country the few bad ones who were damaging the image of the Judicial Service (JS) have to be removed from the system. He cited instances where bailiffs because are not conversant with the law had gone on to enforce a wrong court orders.

He also cited for example that no court could order the arrest of a person or imprison somebody merely for owing.

He said Article 14 of the 1992 constitution nullifies the previous provisions which made it possible for somebody imprison for owing. Mr. Justice J.A. Akamba, Justice of the Court of Appeal and Acting Director of JTI took the managers of private process servers and the bailiffs through how to assess legal matters and terminology, Latin words and phrases.

He said the seminar would help the participants exchange ideas and ensure efficiency in the justice delivery system.

Mr. Justice Marful-Sau, Justice of the Court of Appeal and President of the Commercial Court said the process servers were very important in the judicial system and without them the courts could not function properly.

He said process servers act as the link between the litigants and through whom the courts were able to serve the various parties in litigation.

He said in situations where process servers should default in carrying out their duties it would adversely affect the judicial process.