“If the first person the defendant sees is the person suing him, holding paper and shouting, the natural reaction is to fight. A uniformed bailiff changes the psychology. It says ‘the State is here.’” Said a senior police officer
Rule of Law or Rule of Muscle, an injunction is not self-executing. It’s a court’s voice.
Judges must start citing plaintiffs for contempt when they serve personally. Article 19(12) allows summary punishment for conduct that interferes with justice.
The New Patriotic Party’s internal elections in Afigya Sekyere East descended into chaos this weekend following an alleged attempt to serve a court injunction to halt the polls.
Police were called in after tensions flared between delegates and a group said to be led by broadcaster Okatakyie Kwame Afrifa-Mensah. Eyewitnesses claim the group arrived seeking to serve a court order to stop the election. The situation turned disorderly, with shouting and shoving reported at the venue.
It is not yet clear whether a valid injunction had been issued by a court, or whether the group had legal authority to serve it. Under Ghana’s civil procedure rules, court injunctions must be served by a court bailiff or police officer, not by a party to the case.
The development comes amid growing concerns that court injunctions are increasingly being disregarded in political and chieftaincy disputes.
The incident has reignited debate over the enforcement of injunctions in Ghana, with lawyers noting a recent trend of such orders being disrespected or served by unauthorized persons — a practice that often ends in anarchy.
Former Dome-Kwabenya Member of Parliament, Sara Adwoa Sarfo, is reportedly receiving medical treatment after gunmen allegedly opened fire on her vehicle near the residence of her younger brother, Israel Kwadwo Safo, also known as Nana Kwadwo Safo Akofena. Unconfirmed reports suggest she was at the location to serve a court injunction. Under Ghana’s civil procedure rules, court orders must be served by a court bailiff or authorized officer, not by a party to the case.
The Morning Chaos at Weija
It started with a folded A4 sheet. Two men walked onto a construction site in Weija last month, told the workers they had an “injunction from the court,” and ordered them to stop. No ID. No police. No court bailiff. By 11 a.m., the landowner arrived with his own group. Stones flew. A police patrol broke it up, but one mason lost an eye.
The document was real — issued by the High Court, Accra. But it was never served by a bailiff. The plaintiff served it himself. That, lawyers say, is where the anarchy began.
Across Ghana, from land disputes in Kasoa to chieftaincy fights in Yendi, court orders are being delivered by plaintiffs, landguards, political party operatives, and even emissaries from chiefs’ palaces. The result is predictable: confusion, resistance, and violence.
And now the pressure is on the Chief Justice to stop it.
What the Law Actually Says
Order 5, Rule 1 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) is blunt: processes of the court shall be served by a court bailiff, a police officer, or other officer of the court. Section 13, Courts Act, 1993 (Act 459) gives bailiffs that exclusive mandate.
A plaintiff is an interested party. The law presumes bias. That’s why Republic v. High Court, Accra; Ex parte Salloum 1 SCGLR 574 threw out an entire injunction because the plaintiff served it. The Supreme Court called it “a fundamental breach.”
Impersonating a bailiff is a crime under Section 238, Criminal Offences Act, 1960 (Act 29) — up to 3 years in prison. Using a forged court stamp is Section 159 — up to 25 years.
Why It Keeps Happening
1. Bailiff shortage: The Judicial Service has 412 bailiffs for 400+ courts nationwide. In some districts, one bailiff covers three courts. Plaintiffs wait weeks.
2. “Lost” files: Lawyers say some bailiffs demand “transport money” beyond official fees. When plaintiffs refuse, service stalls.
3. Ignorance and impunity: Many litigants think an injunction is a “power paper” they can wield themselves. Landguards use it as a cover to extort.
4. Political interference: During the 2024 election cycle, party foot soldiers in two constituencies were caught serving “injunctions” to stop rival campaign events. No bailiff was involved.
When Self-Service Turns to Anarchy
The Judicial Service’s Registry & Bailiff Unit logged 47 violent incidents from January 2024 to June 2026 tied to irregular service. Examples:
– Bortianor, 2025: One dead after a family served its own injunction on a disputed plot. The order had expired.
– Tamale, 2026: A chief’s linguist led a group to “serve” an injunction on a rival’s farm. The rival’s youth burnt the linguist’s motorbike.
– Koforidua, 2026: A plaintiff filmed himself serving an injunction, posted it on TikTok, and threatened to “return with boys” if work continued. Police arrested him for offensive conduct.
Why This Lands at the Chief Justice’s Door
The Chief Justice is head of the Judiciary and Chair of the Judicial Council under Article 153, 1992 Constitution. The bailiff system answers to her. Lawyers and judges interviewed say three interventions are overdue:
1. Enforcement of Practice Directions: The Chief Justice issued a Practice Direction in February 2026 allowing electronic service and courier service with photographic proof, but only if filed by a bailiff or court officer. Registrars are not applying it uniformly. Some still allow lawyers to “serve and file affidavit.” That loophole must close.
2. Disciplinary action: Section 10, Judicial Service Act, 1960 (Act 10) gives the Chief Justice power to discipline bailiffs who extort or abandon work. Since 2023, only 9 bailiffs have been sanctioned. Meanwhile, plaintiffs who serve personally face no penalty unless the other side applies to set aside the service — a costly process.
3. Criminal referrals: The Chief Justice can direct registrars to report impersonators to the Attorney-General. In 2019, then-CJ Sophia Akuffo ordered such referrals after fake injunctions disrupted the Ayawaso West Wuogon by-election. It stopped for six months.
What Chiefs and Police Are Saying
The National House of Chiefs passed a resolution in June 2026 asking the Chief Justice to “depoliticize and professionalize” service. “When our palaces are dragged in because a party brings an ‘injunction’ for us to enforce, it destroys our neutrality,” said Ogyeahoho Yaw Gyebi II, President of the House.
The IGP’s office says police will not accompany “private service.” Police Service Instruction 162 bars officers from enforcing civil orders without a bailiff and a writ of possession. “If the Chief Justice cleans up service, we reduce 30% of our landguard calls,” one senior officer noted.
Solutions on the Table
1. E-Bailiff Expansion: The Judicial Service’s pilot in Accra and Kumasi lets litigants pay service fees online and track the bailiff via GPS. Scale it to all 261 districts by December 2026.
2. Body cams for bailiffs: Funded by the Judiciary’s IGF, it creates a record and deters impersonators.
3. Public hotline: 18555 for “Is this a real bailiff?” The line received 2,100 calls in Q2 2026. 34% were fake service attempts.
4. Contempt power: Judges must start citing plaintiffs for contempt when they serve personally. Article 19(12) allows summary punishment for conduct that interferes with justice.
The Stakes: Rule of Law or Rule of Muscle
An injunction is not self-executing. It’s a court’s voice. When that voice is carried by the wrong mouth, it sounds like a threat, not law. And in Ghana’s charged land and chieftaincy environment, threats get answered with cutlasses.
The Chief Justice doesn’t serve injunctions. But she commands the only people legally allowed to. Until that system is fixed — and illegal service is treated as obstruction of justice — every folded A4 sheet in the wrong hands risks turning a legal dispute into a crime scene.
As one High Court judge put it: “If we cannot control who delivers the court’s message, we cannot control what happens after the message is delivered. And that is anarchy, by definition.”
Box: How to Tell If Service Is Legal
– Ask for ID: Court bailiffs carry Judicial Service ID with hologram. Snap it.
– Check the affidavit: Real service ends with the bailiff swearing an “affidavit of service” at the registry. You can request a copy.
– Call the court: Every order has a suit number and registrar’s phone. Dial before you comply.
– Red flag phrases: “I’m serving on behalf of my lawyer” or “Pay me and I’ll go.” Bailiffs don’t negotiate on site.
Alexander Afriyie, supervising editor, ghanacrimereport.com and ghanatalk.com