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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
  • Evidence Law
  • Constitutional Law
  • Criminal Law and Procedure

AI Generated Summary

In the Ghana High Court, Her Ladyship Justice Joan Eyi King addressed an application to commit two respondents for contempt arising from a pending chieftaincy petition before the Judicial Committee of the Oti Regional House of Chiefs. The Judicial Committee had, on 31 August 2023, adjourned the petition sine die to allow substitution of the deceased chief, Nana Kwaku Salo IV. The applicant asserted that the respondents—acting as Council Chairman and Secretary—issued a special invitation announcing a supposed 'victory' for the Salo Stool and tendered documents (Exhibits B and C) linking them to the invitations. The respondents denied authoring Exhibit B and maintained they complied with the order by participating in the nomination, selection, enstoolment and outdooring of Nana Kwabena Salo V, supported by Exhibits 1 and 2. Reviewing constitutional and common law contempt authorities and the beyond‑reasonable‑doubt standard, the court found an extant clear order and respondents’ knowledge, but no proof of non‑compliance or willful disobedience. The false 'victory' claim did not amount to disobedience of the adjournment order. The application was dismissed and the respondents acquitted and discharged.

JUDGMENT