THE REPUBLIC VS ERIC NYAME & ANOR EX PARTE: NANA ADOM V
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOAN EYI KING
Areas of Law
- Civil Procedure
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicant filed a motion to commit the respondents for contempt, alleging they issued false invitations claiming a judicial victory, contrary to the Judicial Committee's ruling to adjourn proceedings sine die. The respondents denied the allegations and asserted compliance with the Committee's order. The court evaluated the applicable law on contempt, including the need to establish intent and willful disobedience beyond a reasonable doubt. As the applicant failed to meet this standard, the court dismissed the motion and acquitted the respondents.
This is an application for and on behalf of the applicant praying the court to commit the respondents for contempt of court.
I shall quote the relevant paragraphs as follows:
3. That I instituted a chieftaincy petition at the Judicial Committee at Oti Regional House of Chiefs.
4. That on 31 st day of August the Judicial Committee of the Judicial Committee of Oti Regional House of Chiefs adjourned the petition sine die as the Nana Salo IV was reported to have passed on.
5. I attach hereto and marked as Exhibit A, the ruling of the Judicial Committee of Oti Regional House of Chiefs coram: Nana Soglo Allo IV, Okoforobour Baffour Kwame Asante II, Nana Odam Gyamfi and Kwadwo Addeah-Safo, Esq. 6. That despite this clear and unambiguous ruling of the Judicial Committee of Oti Regional House of chiefs.
7. The respondents wrote a letter of invitation in the capacity of Council Chairman and Secretary inviting persons for a special invitation to celebrate victory for Salo st Stool as declared by the Judicial Committee of Oti Regional House of Chiefs on 31 August 2023. 8. I attached herewith and marked as Exhibit B the special invitation from the respondents.
9. That I also attach herewith a letter with the name disposition and contacts of the respondents as Exhibit C. 10. That per the ruling of the Judicial Committee no one has been declared victorious before respondents are perpetuating this blatant falsehood and by so doing have made themselves liable for contempt.
11. That as a peaceful person and law abiding person I have to restrain my subjects upon seeing the invitation and this nearly led to eminent blood bath.
12. That the special invitations and letters sent out by the respondents thereby rendering otiose the ruling of the Judicial Committee of Oti Regional House of Chiefs.
13. That the respondents act are intentional and wilful and having held the ruling of Judicial Committee of Oti Regional House of Chiefs in ridicule and thereby disregarding its decision to substitute but rather peddling false rumours the respondents have no iota of respect for the judicial committee.
14. That the respondents have no respect for smooth administration of justice hence their blatant, deliberate refusal to disregard the ruling of the judicial committee.
15. I am advised by my counsel and verily believe same to be true that the respondents conduct has brought the administration of justice into disrepute, public ridicule and opprobrium.
16. I have been f