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THE REPUBLIC v. ASP JOSEPH KOJO CHIPKA & 3 OTHERS, EX PARTE: ALI DICKSON

April 10, 2019

HIGH COURT

GHANA

CORAM

  • His Lordship Justice Kweku T. Ackaah-Boafo

Areas of Law

  • Civil Procedure
  • Criminal Law and Procedure
  • Constitutional Law
  • Evidence Law

AI Generated Summary

The High Court, per Justice Kweku T. Ackaah-Boafo, addressed Ali Dickson’s motion to commit ASP Joseph Kojo Chipka, Sergeant George Mawuenyegah, and Detective Inspector Timothy Vigbedor for contempt over seized mining equipment connected to Moon Africa Company Limited and a civil dispute with Tran Quang Vinh and Do Anh Tuah. The police executed a search in Jukwa, Wassa Akropong and removed excavators, an Iveco truck, and a Toyota Hilux. Dickson secured a Wassa Akropong District Court ex parte order (16 February 2016) directing the police to return the equipment, but the order was later quashed by the High Court in Sekondi for breaching audi alteram partem and C.I. 59. Emphasizing that contempt is quasi-criminal and demands proof beyond reasonable doubt and willful disobedience, the court found the applicants’ reliance on the quashed order improper and the evidence insufficient. While admonishing the police based on a PIPS report recommending disciplinary action, the judge acquitted and discharged the officers and made no order as to costs. The fourth respondent, Emmanuel Dapaah, was not served and was outside the scope of the ruling.

DECISION