GH - DOMBO and Another v. NARH

Appeal against finding of contempt dismissed.

Appeal against sentence allowed.

EXTRACT FROM JUDGMENT:

Per Azu Crabbe Ag. C.J: The difficult task that now faces this court is to consider the appropriate sentence that ought to be passed in substitution for the order made by the learned judge. In considering sentence in the Court of Appeal, the whole evidence and all the circumstances of the case should be reconsidered. The facts are clearly against the appellants, and the enormity of their offence cannot be disguised; but I think nevertheless, that the principle that has been established by this case is more important than the case itself, and this is the overriding factor which must be taken into account when the court is considering punishment.

The first appellant is a senior Minister of the Government, and the second appellant is the head of an important agency of the executive. They were both ordered by the court to appear before it, and they complied with that order. They each apologized to the court, and the court accepted their apology. The point which appears to have been overlooked by the learned judge was that by surrendering themselves readily to the courts, they indeed appeared before us throughout the entire hearing of this appeal, these two men clearly demonstrated by their conduct that after our tragic experience of the past the Rule of Law is at last being given a chance to thrive in this country. The authority of the court has been upheld, and this, in my view, is more important than hurting the offenders. In the result, I would allow the appeal against sentence, and would set aside the order requiring the appellants to enter into a bond. I would, however, issue a stern warning to the appellants that the court will in future impose very severe penalty for any conduct calculated to lower the authority of the courts. The appellants are accordingly discharged unconditionally.”

Appeal against finding of contempt dismissed.

Appeal against sentence allowed.

EXTRACT FROM JUDGMENT:

DOMBO and Another v. NARH

Areas of Law

JUDGMENT