THE REPUBLIC v. NII AYINSAH SASRAKU, NII AKWEI BONSU, NII KOJO ASHAMFLO @ BISHOP NII AFLAH SACKEY AND NII APPIAH
January 27, 2023
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE JUSTIN KOFI DORGU
Areas of Law
- Civil Procedure
January 27, 2023
HIGH COURT
GHANA
CORAM
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On the 14th April, 2022, the applicant herein Nii Okpe V, describing himself as the
Dzasetse of Ngleshie Alata Stool James Town, filed the instant application under
Order 50 rule 1 of the C.I 47 praying for an order to commit the Respondents into
prison for their ‘contumacious conduct by reason of obstructing the roadways and
highways of public justice by usurping the powers of the Court’. The applicant
supported his application with a 13 paragraph affidavit in support with Exhibits and
annexures. To put the application into perspective, I hereby reproduce some salient
paragraphs of the affidavit in support for their full effects. They are paragraphs 4, 7 to
9 as follows:
“4. That I have been told by my Counsel and I believe same to be true that per
the ruling in the case of THE REPUBLIC VRS JUDICIAL COMMITTEE OF THE
GA TRADITIONAL COUNCIL EXPARTE; NII KOJO ABABIO V, SUIT NUMBER
MISC/28/85, His Lordship A.K.B Ampiah J.A indicated that it is only persons from
the Okpe Family of James Town Ngleshie Alata can be Dzase or kingmakers who can
enstool the paramount chief of Ngleshie Alata. Attached is a copy of the
said judgment marked as Exhibit ‘A’.
7. That on the 21st day of March 2022, respectively the 1st, 2nd and 3rd
respondents posted on the internet a press conference they organized in
Accra and stated that plans are far advanced to outdoor a new Dzasetse for
Ngleshie Alata in the name of NII KOJO ASHAMFLO III known in real life as
Bishop Dr. Nii Aflah Sackey, the 4th Respondent herein. Attached is a copy of the said
video of the press conference and it is marked as Exhibit ‘B’.
8. That on the 1st day of February 2022, the 4th Respondent in confirming the
statements made in the press conference mentioned supra, wrote a letter in which
he claimed to be the Ngleshie Alata Dzasetse though he hails from the Adanse
We which is different from the Okpe Family who are entitled to this position of
Dzasetse of Ngleshie Alata Stool. Attached is a copy of the letter written by the 4th
Respondent calling himself Dzasetse of Ngleshie Alata contrary to the
judgment of the court and this is marked as Exhibit ‘C’
9. The 4th Respondent in wilful disrespect to the judgment of a competent Court
or jurisdiction has always attempted to widen the Dzase to include others and or
strangers who are not members of the Dzase and not kingmakers and although
he does not hail from the Okpe family has been describing himself as a member
of an accredite
AI Generated Summary
This High Court contempt application was brought by Nii Okpe V, the self-described Dzasetse of the Ngleshie Alata Stool at James Town, to commit four respondents to prison for conduct he said obstructed justice and usurped Court authority. He anchored the application on a 1985 judgment in rem delivered by A.K.B. Ampiah JA establishing that only the Nii Okpe family constitutes the Dzase/kingmakers for enstooling the James Town Mantse. The respondents publicly announced plans to outdoor Bishop Dr. Nii Aflah Sackey (Nii Kojo Ashamflo III) as Dzasetse and issued letters and documents asserting kingmaker status despite not being members of the Nii Okpe family. They challenged the applicant’s capacity and argued the application should proceed under Order 43 rather than Order 50. The court overruled procedural and capacity objections, clarified the scope of contempt under Order 50, reaffirmed the binding effect of the 1985 judgment in rem, applied the criminal-standard burden of proof, found all respondents guilty of contempt, and sentenced each to fines or 14 days’ imprisonment in default.