REPUBLIC v. MICHAEL CONDUAH & OTHERS

MARFUL-SAU, JA:- This appeal is against the ruling of the High Court sitting at Cape Coast on the 20th October 2010. The facts of this case are that on the 26/7/10 the applicant/ appellant herein filed a motion to commit the respondent for contempt. The affidavit in support of the motion disclosed that there was pending in the Central Region House of Chiefs a petition seeking to destool the respondent as the Omanhene of Edina Traditional Area. The appellant deposed that the High Court, Cape Coast in a ruling dated the 27/6/2001 restrained the respondent from exercising any public function as Chief until his status as Omanhene has been fully and finally determined by the appropriate body. This order was annexed to the motion as Exhibit S2.

The appellant also annexed to the motion a ruling of the High court certified on 25/6/2002, which convicted the respondent for contempt for proceeding to perform an event when there was an injunction pending seeking to restrain him from performing the event. This order was annexed to the application as Exhibit S1. In Exhibit S1, the respondent was given 48 hours to give an undertaking not to perform any public function as Omanhene until his status has been fully and finally determined. The respondent was also fined C5 million for the contempt committed.

The appellant case further was that the respondent on several occasions disobeyed the court orders in Exhibits S1 and S2. The appellant further averred that on the 30/4/2010, the respondent and three others were convicted by the High Court, Cape Coast for contempt of court for disobeying the court and interfering with the administration of justice. Lastly the appellant stated that the respondent in a blatant disobedience to the orders of the High Court publicly paraded and held himself as the Omanhene of Edina Traditional Area, as he rode in a palanquin and performed public functions. This was captured in the Spectator, a weekly newspaper of 17/7/2010.

The respondent filed an affidavit in opposition in which he admitted the existence of the court orders against him but stated that the orders contained in Exhibit S2 was null and void as it was made without jurisdiction. The respondent also deposed that he appealed against the orders contained in Exhibit S1 and got the orders stayed by the High Court pending the determination of the appeal.

On the 28/ 9 /2010 both counsel for the parties argued the motion for committal for contempt and the motion was adjourned to the 20/