Contempt case against A-G dismissed

Accra, May 24, GNA - An Accra Fast Track High Court on Thursday dismissed a contempt application filed against the Attorney-General, Mr Joe Ghartey and the Minister of The Interior, Mr Albert Kan-Dapaah over their refusal to re-instate Mr Kojo Hodare Okae, a Former Deputy Director General of Ghana Immigration Service.

The Court, presided over by Justice P. Baffoe Bonney, ruled that the application was unmeritorious since Mr Okae refused to take procedural steps towards his reinstatement after two years that judgement was delivered.

The Court wondered why Mr Okae wilfully refused to take the necessary steps towards his re-instatement for the past two years and waited till his retiring age.

The Court said contempt procedure was a quasi-criminal one and did not see why the A-G should be imprisoned by virtue of his position. It said contempt application, among other things, should be directed to a particular person.

It noted that although in an earlier judgement directing the President to re-instate him in any of the public service, Mr Okae did not take the necessary procedures to ensure the implementation of the court order. According to the Court, Mr Okae only explained that he was taking steps to ensure an amicable settlement with the A-G.

The Applicant only filed the contempt application out of the abundance of caution.

It said the A-G in person could not be attached to a contempt application, adding that it was only the President who could give direction to the A-G to implement the said orders.

The Court wondered whether cases of such nature should be directed to the office of A-G or the Officer in person.

"When the court gave orders, it was Mr Ayikoi Otoo, who was in office and not Mr Ghartey, should Mr Otoo be dragged here to answer the contempt application?, the Court asked.

Ms Cynthia Lamptey from the A-Gs Department represented Mr Ghartey, who was reported to be indisposed. No cost was awarded. Mr Okae filed a contempt application against the A-G and Minister of The Interior for their refusal to reinstate him after the same court ordered for his reinstatement.

Mr Okae on September 5, 2002 received a letter signed by the then Acting Interior Minister, Dr Kwame Addo Kufuor informing him that the President had transferred him from GIS to the Ghana Free Zone Board (GFZB).

When Mr Okae proceeded to GFZB, he realised that he had no role to play and was not accepted by the Board.

Mr Okae said after exhausting all available avenues, and in view of the frustrations, he sought redress from the court, which gave judgement in his favour in 2005.

The Court declared that Mr Okae be reinstated in the public service.

On January 27, 2007 Mr Okae reached his compulsory retirement age. In an affidavit in support of a motion, Mr Okae pointed out that he had made efforts to get the A-G to comply with the Court order but he had refused to comply.

He said he had reached his retiring age in January 2007 without being posted anywhere in the public service.

"The attitude of the A-G clearly shows a determination on his part to use State power arbitrarily to trample upon my rights," he had said. Mr Akoto Apaw, who represented Mr Okae admitted that the Court order was directed to the President but said since it was the A-G who enforced the powers of the Executive it was relevant to attach him to the contempt application.

Responding to the affidavit and motion filed by Mr Okae, earlier on Mr Ghartey noted that issues relating to reinstatement should have been done by the President and not the Attorney-General.

"The President does not pay entitlements. All that the applicant ought to do was to notify the Controller and Accountant General of his entitlements."

He said the judgement of the Court did not put him out of public service, and instead of him going to the right place for reinstatement he rather went to wrong places.

Mr Ghartey said the Controller and Accountant-General was to work out Mr Okae's entitlements and not the Attorney General, adding that the certificate of judgement was not served on the A-G.

The A-G said as at the time the applicant reached 60, he had not served the certificate of judgement on the A-G, adding that the attachment of the A-G in the contempt suit was directly misplaced.