THE REPUBLIC v. NII OBODAI ADDAI IV EX PARTE: LA DADEKOTOPON YOUTH ASSOCIATION
2016
HIGH COURT
GHANA
CORAM
- JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Constitutional Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves the Applicant Association accusing the Respondent of contempt of court for allegedly violating a court order by granting leases for La Pleasure Beach and attempting to withdraw the mandate of an Interim Management Committee (IMC). The Respondent countered that his actions were within his rights as a member of the La Traditional Council and denied granting any leases. The court found that the Applicant failed to provide sufficient evidence to prove contempt beyond reasonable doubt and dismissed the case against the Respondent.
DECISION
APPLICATION FOR COMMITTAL FOR CONTEMPT
Introduction:
[1] The power of the High Court to punish for contempt is provided in Articles 19(12) and 126 of the 1992 Republican Constitution of Ghana, and re-enacted in S 36 of the Courts Act, 1993 (Act 459) as amended; S10 of the Criminal Offences Act, 1960 (Act 29) and Order 50 of the High Court (Civil Procedure) Rules, 2004 (CI 47). Order 50 of CI 47 sets the parameters by which an Applicant may move the court for an order for an attachment for contempt of court.
[2] It is instructive to note that Article 19 Clause 11 of the 1992 Constitution provides that no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law. However, the same Constitution, Article 19(12) empowers the court to punish for contempt notwithstanding that the act or omission constituting it is not defined in a written law and the penalty thereof not so prescribed.
[3] Further, it is instructive to observe that there is no codified legislation in Ghana that defines the act or omission that constitute the offence of contempt. It therefore sounds to reason that Ghanaian courts resort to case law to resolve any issue regarding contempt when confronted with one.
And so what constitutes contempt in Ghana?
[4] In R v Sito I; Ex Parte Fordjour (2001-2002) SCGLR 322 the Supreme Court gave the elements constituting the offence of contempt as that:-
a) there should have been a judgment or order which required the contemnor to do or abstain from doing something;
b) the contemnor knew what precisely he was expected to do or abstain from doing; and
c) that he failed to comply with the terms of that judgment or the order and that his disobedience was willful.
[5] Also, in In Re: Effiduase Stool Affairs (No.2); Ex Parte Ameyaw II (1998-1999) SCGLR 639 at 660 ACQUAH JSC (as he then was)gave an apt summary of the definition of contempt. He said:
“In brief, contempt is constituted by any act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.”
[6] By definition, a person commits contempt if he has willfully disobeyed an order of Court requiring him to do an act other than the payment of money or to abstain from doing some act. But to hold a party liable in contempt, the rule is that the order sought to be enforced should be unambiguous and the party mu