MICHAEL ANKOMAH NIMFAH v. JAMES GYAKYE QUAYSON & ORS, CONTEMNOR: DR. MICHAEL KPESSA WHYTE

BY COURT

The Respondent is found guilty on his own plea and is convicted accordingly

Counsel for the Respondent pleads for mitigation saying the Respondent has since written a letter of Apology to the Acting Chief Justice. This morning too he has apologized in the Ghanaian Times. Further, the Contemnor pull down tweet from his page and published an apology about three times on his tweeter handle using the same medium. Prays that in all humility and sack cloth to plead for mercy and clemency from the seat of Justice. The Respondent is also undertaken that such a regrettable action would never happen again. The Contemnor commits to defend the integrity of the Courts the Judges and the entire Judiciary.

Barimah Yaw Kodie Oppong, a lawyer at the bar puts in a plea in mitigation for the Respondent.

BY COURT

Judgment of the Court is unanimous.

A few minutes ago, we found the Respondent guilty on his own plea and convicted him accordingly. We then rose to consider our sentence and we proceed to do so now.

Before passing sentence, we have taken note of the remorse shown by the Respondent in his letter of Apology to the Acting Chief Justice through the Judicial Secretary dated 25th May, 2023 which has been placed before us. We take particular notice of paragraph 4, 5, and 6 which read:

4. Sincerely, the tweet was not done with the intent to scandalize or denigrate a revered institution such as the Supreme Court of Ghana for which I have tremendous amount of respect and administration. These are consequences I never intended, although I do accept responsibility that, I could have exercised better judgment in my choice of words.

5. Please permit me to state unequivocally that I have no reason to slander our Supreme Court and sincerely apologize unreservedly for any Pain and discomfort my tweets may have caused the Chief Justice, the Supreme Court and the entire Judiciary.

6. I hereby retract the tweet in question accordingly, the tweet has been deleted completely and I pray for the forgiveness.

The power to commit for contempt is an age –old tool to protect the dignity of the administration of justice. In the case of The REPUBLIC vs LIBERTY PRESS LTD AND OTHERS [1968] GLR 123 -138 where the Respondents were attached for contempt for printing and publishing an article about a criminal appeal pending before the Court of Appeal. In delivering the Judgment of the case referred to supra, AKUFO – ADDO C.J, had this to say. ‘’I need hardly say that the judic