REPUBLIC v. ANTHONY ABARYIFA KARBO & OTHERS
November 24, 2016
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, J.A. (PRESIDING)
- LARBI, J.A.
- WELBOURNE (MRS), J.A
Areas of Law
- Civil Procedure
- Constitutional Law
- Media Law
November 24, 2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal decision, authored by Justice Margaret Welbourne, addresses preliminary legal objections to an Applicant’s post-judgment motion seeking to commit several individuals and media companies for contempt. The Applicant alleged that Anthony Abaryifa Kabo, journalist Kweku Baako (alias Abdul Malik), and corporate owners of Peace FM/peacefmonline, Joy FM/myjoyonline, and Citi FM/citifmonline engaged in statements and broadcasts undermining the judiciary following the Court of Appeal’s 10 March 2016 judgment in Republic v Alfred Agbesi Woyome, itself arising from High Court case FTRM/115/12. On objections that the Court lacked jurisdiction and that corporate entities were improperly joined, the Court affirmed that superior courts possess original contempt powers under Article 126, but ruled, consistent with Supreme Court Practice Direction and precedent, that original contempt proceedings in the circumstances should commence in the High Court. The panel upheld preliminary objections and dismissed the motion, awarding costs to certain respondents.
WELBOURNE (MRS), J.A.
The Applicant filed a Motion of Notice for contempt of court on 15th July, 2016 with a Return date of 26th July, 2016.
In an affidavit in support, in summary, the Applicant alleged that the 1st Respondent, Anthony Abaryifa Kabo is a Deputy Communication Director and a member of the New Patriotic Party. The 2nd Respondent, Kweku Baako alias Abdul Malik is a Journalist and Editor in Chief of the New Crusading Guide. That 3rd Respondent Despite Company Ltd./Despite Group of Companies are limited liability Companies registered and incorporated in Ghana and the owners of Peace FM and Peacefmonline.com which facilitated encouraged and prompted the 1st and 2nd Respondents in their contumacious conduct referred to in the particulars below.
The 4th Respondent is the Multimedia Group Ltd. a Company registered and incorporated in Ghana which owns myjoyonline.com and Joy FM which is an online internet service and Radio station respectively that aided and abetted the 1st and 2nd Respondents to intentionally scandalize and disrespect the administration of justice.
The 5th Respondent Omni Media Ltd is a Company registered and incorporated in Ghana and the owner of citifmonline.com and Citi FM which are an online internet service and a Radio station broadcasting on 97.3 respectively that promoted and facilitated the contumacious conduct referred to in the particulars below on the part of the 1st and 2nd Respondents to lower the authority of the courts in Ghana and bring the administration of justice into disrepute.
The Deponent alleged that on 5th June, 2012, the Republic of Ghana filed a criminal action against him in the Financial Division of the High Court with suit No. FTRM/115/12; with two counts of defrauding by false pretences and causing financial loss to the State. (Exhibit AAW2 was attached in support).
The Applicant deposed to the fact that on the 12th March, 2015, he was acquitted and discharged of all crimes but the State went on appeal in the case of Republic vrs Alfred Agbesi Woyome, with Suit No. H2/17/15. (Exhibit AAW2 was attached in support).
On the 10th of March, 2016, the judgment of High Court was upheld and the appeal against Suit No. FTRM/115/12 was dismissed unanimously. (Exhibit AAW1 was attached in support).
The Applicant alleged that the Respondents have engaged in Acts calculated to prejudice the due administration of Justice in general and in particular the judgment of the Court of Appeal with Suit No. H2/17/15 d