Ex-convict seeks refuge in chief justice

The Municipal Chief Executive of Asokore Mampong Municipal Assembly, Alhaji Nurudeen Hamidan is seeking succor in the Chief Justice to avert his possible conviction by a trial court.

Fearing that the court might convict him for the second time, as a respondent in a contempt case, the embatled MCE has petitioned the Chief Justice seeking the re-assignment and transfer of a suit to another differently constituted court.

The petition follows his expressed fear that he might suffer injustice if the judge is allowed to continue to sit on the case, hence the petition and the subsequent application for the judge to recuse himself from further hearing of the case.

An application for contempt which is still pending has since October 2015 been brought against the MCE by a Kumasi businessman, one Aminu Sahabi, who filed a motion on notice before a Kumasi High court for committal of the Asokore Mampong Municipal Assembly, per the Municipal Chief Executive, Alhaji Nurudeen Hamidan for contempt of court.

The respondents in the case are said to have willfully and deliberately acted in a way and manner that had brought the administration of Justice into disrepute and prejudice of a pending action in the face of a motion for interlocutory injunction.

They had caused the demolition of a building of the applicant businessman, Aminu Sahabi of Akorem in Kumasi, fully aware of the pendency of an action and motion on notice for injunction.

However, while the case is pending, another contempt case was brought against the MCE before the same court for which judgment was given in February, 2016 against the MCE as the 9th respondent.
His Lordship Mr. Justice Gibson K. Adzagli had on February 26, 2016 convicted the MCE together with four other respondents for willfully flouting the orders of the High Court presided over by Mr. Justice Kow Amissah Koomson on June 20, 2014 and therefore bringing the administration of justice into disrepute.
The judge found the respondents liable for contempt by showing gross disrespect to the dignity of the court and the administration of justice in general.
They were sentenced to a fine of GHc12,000 each or in default 21 days in prison custody.
The MCE was further ordered to reconstruct the walls of an old toilet facility which was constructed by the applicants and repair any damage caused to it.
He was to further ensure that the old and new toilet facilities which were the subject of the case are in operation and that he shall not do anything to hinder the operations of the old facility.
A cost of GHc2,000.00 was further awarded against each of the said respondents including the embattled MCE.
In delivering judgment in the said contempt case, the judge stated that "the 9th respondent (MCE) in particular has not shown any such good leadership qualities worthy of emulation by the ordinary citizens of the county" something which did not go down well with the MCE hence his fears and petition.
In view of the development, Alhaji Hamidan, who thinks he could be found liable for contempt, has called for the re-assignment and transfer of the case to another judge for fair hearing in a petition of March 14, 2016 to the Chief Justice.
The MCE contended that for the judge to say that he lacked leadership qualities and a law breaker he {judge} had formed a negative preconception which would most likely influence him in the determination of the case which also border on contempt of court.
The court has adjourned till April 20, 2016 to decide on whether to withdraw or continue with the determination of the contempt case against the MCE and two other respondents.

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