REPUBLIC v. ERNEST NANA ADJEI & ANOR

[1] Introduction

Contempt of Court is the only common law offence still known to our law, as same is saved by Article 19(12) of the 1992 Constitution and section 10 of the Criminal and other offences Act,1960 (Act 29). Unlike other countries where the offence is codified like the English Contempt of Court Act of 1981, ours is still case law.

According to S.A Brobbey in his book on the Law of Chieftaincy in Ghana, page 466, the learned author and former Justice of the Supreme Court of Ghana said that:

In Ghana, the law of contempt is statutory. The theory, practice and procedure of the law of contempt are however based mainly on the English law of contempt. The statement that the law of contempt is statutory literally means that in this country no conduct can be punished for being in contempt of court unless there is a constitutional or statutory provision that sets up a forum for investigating and punishing it1 .

Black’s Law Dictionary 7th Edition, page 313 defines “contempt” as:

1.The act or state of despising; condition of being despised.

2.Conduct that defies the authority or dignity of a court or legislature.

According to the learned Author, Justice S.A. Brobbey in his invaluable book, The Law of Chieftaincy in Ghana, page 452T writing on contempt opined as follows:

in the simplest sense, contempt of court means any conduct that interferes with or undermines the administration of justice. This definition covers criminal as well as civil contempt.

Oswald on Contempt of Court, 3rd ed. at page 6 states as follows:

To speak generally, contempt of court may be said to be constituted by any conduct that tends to bring the authority and administration of the law into disrespect or disregard, or to interfere with or prejudice parties, litigants or their witnesses during litigation.

Justice Ackah-Boafo HCJ (as he then was) opined in the unreported case of Republic versus Kamassah & 4 Others (Suit No: AP 227/2016 delivered on 11th October 2016 as follows:

In my respectful opinion, contempt of court is the big stick of civil litigation. Because of the serious nature of a contempt finding, a finding should be made sparingly and only in the clearest cut of cases. A direct intention to disobey a Court order or an act to prejudice a pending application is required and it ought to be a willful disregard of the order or prejudice the outcome of a pending suit in the Court.