The Accra High Court has ordered Mr Emmanuel Agyei, a bailiff, to serve a motion on notice for stay of execution filed by Dr Stephen Opuni on lawyers for Siedu Agongo.
The bailiff is also to serve on the lawyers an affidavit in opposition filed by the prosecution on the motion.
Mr Samuel Cudjoe, the Counsel for Dr Opuni, filed an application for stay of execution at the High Court with a referral to article 139(1c), 145(5) of the 1992 Constitution for interpretation at the Supreme Court under article 132 of the Constitution and citing the inherent jurisdiction.
Dr Opuni and Mr Agongo are facing 27 charges, including defrauding by false pretences, wilfully causing financial loss to the State, money laundering, and corruption by public officer in contravention of the Public Procurement Act.
They have both pleaded not guilty to the charges and are on GH¢300,000 self-recognisance bail each.
Justice Clemence Jackson Honyenuga, presiding, said it was unfortunate that the processes were not served, despite having adjourned the hearing of the motion at the last sitting to enable the bailiff to effect the service.
He said Mr Agyei, entrusted with the processes for service, failed to perform his lawful duties.
“I will order the said bailiff to serve the lawyers for Mr Agongo before the next adjourned date and also by close of date December 15, 2022,” he said.
Justice Honyenuga said the said Agyei must appear before the Court at the next adjourned date to explain to whether he performed his lawful duties or not. -GNA