REPUBLIC v. OTUMFUO BAIDOO BONSO XV & 2 OTHERS

YAW APPAU, J.A.

The respondent in this appeal Osahene Katakyie Busumakura III is the chief of Takoradi. In fact, he is a rival claimant to the Stool of Takoradi. The 1st appellant Otumfuo Baidoo Bonso XV is the Omanhene of Busua and the President of the Ahanta Traditional Council. The 2nd appellant Nana Yaw Nketsia VI is another rival claimant to the Takoradi Stool while the 3rd appellant is the Registrar of the Ahanta Traditional Council. By custom and tradition, the Takoradi Stool is a sub-stool under the Busua Stool. The 1st appellant is therefore the overlord of the respondent.

On 24/06/2005, the respondent initiated contempt proceedings against the three appellants in the court below. The 1st and 2nd appellants were consequently convicted for contempt and sentenced to various fines on the 16th day of June 2006 while the 3rd appellant was discharged. The 1st appellant was sentenced to a fine of GHc1, 000.00 or in default 6 months IHL and the 2nd appellant to a fine of GHc500.00 or in default serve 3 months IHL. Being dissatisfied with this decision of the trial court, the appellants filed a notice of appeal against same on 24/07/06. There was only one ground of appeal in the notice of appeal and that was the only ground the parties contested in their written submissions filed on 30/03/2009 and 29/06/2009 respectively. The ground reads:

“The learned trial judge erred in convicting and sentencing the respondents as there was no legal basis for such conviction and sentence.”

For the purposes of this appeal, the appellants who were the respondents in the contempt application would be referred to as appellants while the respondent who was the applicant in the court below would be referred to as the respondent.

The big question is; what prompted the respondent in this appeal to cite his own traditional overlord including a rival claimant to the Takoradi Stool and the Registrar of the Ahanta Traditional Council for contempt of court? What conduct of theirs did the respondent say constituted contempt of court?

In his affidavit in support of the motion dated 24/06/2005, the respondent prayed the court below to commit the appellants for contempt for putting up various conducts that undermined the authority and dignity of the court. According to him the said conducts constituted a breach of an Undertaking the 1st appellant made in the court below in the year 2000.

With regard to the 1st appellant, the respondent’s complaint against him as captured in his o