THE REPUBLIC v. JAMES KOFI ANNAN

The Applicant by a motion on notice filed an application on the 16th day of

December,2020 for an order to commit the Respondent to prison for Contempt of court

pursuant to Order 50 rule 1of the High Court (Civil Procedure) Rules, 2004 (C.I 47).

It is the case of the Applicant that he was the Plaintiff in suit No. A5/4/2020, commenced

at the District Court, Winneba by way a Writ of Summons against the Respondent, then

the Defendant therein per Exhibit Aand claimed as follows:

(i) A declaration that the contents of the Press Conference are defamatory

(ii) An order directing the Defendant to render an unqualified apology to the

Plaintiff through the same modus the defamatory statements were

published.

(iii) An order of perpetual injunction restraining the Defendant from further

authoring and publishing any defamatory statement against the Plaintiff.

(iv) General damages of the Twenty Thousand Ghana Cedis

(GH¢ 20,000.00)

(v) Cost

According to the Plaintiff the District Court, Winneba on 28th say of August, 2020,

determined the matter in his favour per Exhibit Band the court ordered the Respondent

to retract the defamatory press statement issued on 17th March, 2020 and render an

apology to him between 28th August 2020 and 31st August 2020 and duly served on the

Respondent per Exhibit C.

The Applicant further stated that the Respondent filed a Notice of Appeal per Exhibit D

and also filed a motion for stay of execution pending appeal but same was dismissed

per Exhibit E. The Respondent further filed a repeat application for stay of execution

pending appeal before this Honourable Court but same was dismissed per Exhibit F.

According to the Applicant, notwithstanding the service of the order of the District

Court, Winneba on the Respondent herein, the Respondent has failed, refused to

comply with the order of the District Court, Winneba, to render an unqualified apology

to the Applicant and also retract the defamatory statement.

The Applicant contends that, the conduct of the Respondent constitutes a deliberate

disregard of the order of the District Court and thus bringing the administration of

Justice into ridicule and that he will continue to disrespect the orders of the court unless

committed for contempt of court.

In his affidavit in opposition to the motion, the Respondent stated that the application

was incompetent and same must be dismissed. The Respondent further contends that

he is a law – abiding citizen and has not cond