Police Commander In Hot Water

The Tema Regional Police commander, Deputy Commissioner of Police (DCOP), Mrs. Beatrice Vib-Sanziri appeared before an Accra High Court, Land Division, last Monday to battle a contempt case brought against her and her Director of Operations, (ASP) Karim Atuluk, by Lawyers of Setho Classic Engineering Company Limited without State Attorney or a lawyer.

The Commander who was seen with dark spectacles was not only sober before the High Court Judge, Sittie Rebecca but also down-to-earth but rather interestingly without a lawyer to face the case literally forcing the High Court Judge to adjourned the hearing to 16 December, 2014.

One would have thought that the Commander who is reportedly trembling in fears after allegedly overthrown an Accra High Court ruling and allegedly turning her office into a land court division could not have appeared for such a case without the presence of a state attorney but she was interestingly left alone and rather surrounded by uniformed police.

Few weeks ago, this paper indicated that the Commander and her Operations Director, ASP Atuluk were indeed in big trouble per insiders reports from the police headquarters that the Inspector General of Police (IGP), Mohammed Ahmed Alhassan was mad with them for inviting the contempt of court sue to their doorsteps.

The insider sources stated "The IGP thinks that as a police officer of her standing she should know how to handle issues which pending before or that courts have ruled on. You can't play with the court because you think you are a police officer".

The source furthered that the IGP had vowed to leave Mrs. Beatrice Z. Vib-Sanziri to face the court over the contempt sue alone stating that she wilfully committed the alleged contempt by disrespecting an Accra High Court ruling and turning her office into a land court division.

The apparent absence of the Legal And Prosecutions Department or a State Attorney to represent the Commander in court last Monday our sources disclosure that the IGP is really angry over the case and is leaving her to dance to her own music.

According to our previous investigations from the police Headquarters in Accra, the estate company petitioned the police over the attempts of the Tema Police Command to disrespect the High Court ruling. The IGP did not take the petition lightly stating that such characters in the police service were dragging the name of the already wobbling image of the police institution mud. What is Contempt Of Court And why people Shiver At Its Mention? WIKIPEDIA: "Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies authority, justice, and dignity of the court.[1][2] It manifests itself in wilful disregard of or disrespect for the authority of a court of law, which is often behaviour that is illegal because it does not obey or respect the rules of a law court.[3][4]

As explained in the People's Law Dictionary by Gerald and Kathleen Hill, "there are essentially two types of contempt: (1) being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge; (2) wilful failure to obey an order of the court."[5] Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. [6]

When a court decides that an action constitutes contempt of to have disobeyed or been disrespectful of the court's authority, called "found" or "held in court, it can issue a court order that in the context of a court trial or hearing declares a person or organization contempt"; this is the judge's strongest power to impose sanctions for acts that disrupt the court's normal process.

A finding of being in contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before he/she will be punished".

BRITISH LAW ON: Contempt of Court Act 1981 CHAPTER 49 Penalties for contempt and kindred offences

14.-(1) In any case where a court has power to commit a person to prison for contempt of court and (apart from this provision) no limitation applies to the period of committal, the committal shall (without prejudice to the power of the court to order his earlier discharge) be for a fixed term, and that term shall not on any occasion exceed two years in the case of committal by a superior court, or one month in the case of committal by an inferior court. (2) In any case where an inferior court has power to fine a person for contempt of court and (apart from this provision) no limit applies to the amount of the fine, the fine shall not on any occasion exceed £500.

(3) In relation to the exercise of jurisdiction to commit for contempt of court or any kindred" offence, subsection (1) of 1973 c. 62. section 19 of the Powers of Criminal Courts Act 1973 (prohibition of imprisonment of persons under seventeen years of age)

Contempt of Court Act 1981 c. 49 shall apply to all courts having that jurisdiction as it applies to the Crown Court and magistrates' courts. (4) Each of the superior courts shall have the like power to make a hospital order or guardianship order under section 60 of the Mental Health Act 1959 in the case of a person suffering 1959 c. 72. from mental illness or severe subnormality who could otherwise be committed to prison for contempt of court as the Crown Court has under that section in the case of a person convicted of an offence.

(5) The enactments specified in Part III of Schedule 2 shall have effect subject to the amendments set out in that Part, being amendments relating to the penalties and procedure in respect of certain offences of contempt in coroners' courts, county courts and magistrates' courts. 15.-(1) In Scottish proceedings, when a person is committed Penalties for to prison for contempt of court the committal shall (without contempt of prejudice to the power of the court to order his earlier discharge) Scottish be for a fixed term. (2) The maximum penalty which may be imposed by way of imprisonment or fine for contempt of court in Scottish proceedings shall be two years' imprisonment or a fine or both, except that-

(a) Where the contempt is dealt with by the sheriff in the course of or in connection with proceedings other than criminal proceedings on indictment, such penalty shall not exceed three months' imprisonment or a fine of £500 or both; and such penalty shall not exceed sixty days' imprisonment (b) Where the contempt is dealt with by the district court, imprisonment or a fine of £200 or both can be imposed.

On Friday 25 April 2014, in Accra, Mr Justice Stephen A. Brobbey, a retired Supreme Court Judge, "warned that all courts have undoubted authority over the enforcement of their orders in manners that result in trampling on human rights of any citizen or institution. Anyone who decides to flex his power muscles over the execution of a court order, should know that laws on contempt of court empower all courts to punish offenders for disobeying its orders, Justice Brobbey stated at the inaugural lecture of the Ghana Academy Arts and Sciences (GAAS) in Accra".

Lest we forget, did the nine judges on Ghana's Supreme Court not convict and sentenced Ken Kuranchie, the Editor-in-Chief of the Daily Searchlight, of criminal contempt in connection of his critical articles. This was on July 2, 2013. Were then NPP General Secretary Mr Owusu Afriyie, alias "Sir John" and Hopeson Adorye, not also punished for being in contempt of court?

If they were punished, why not others who claim to have powers do whatever they like without anyone, or any law, able to obstruct them from pursuing their intentions, however dangerous, irresponsible, and or illegal they may be? I am following closely an ongoing case hinging on contempt of court. I shall keep the public in the loop, so stay tuned.

This publication is direct quote from sources. It has so been for a specific reason. It is part of my research that I have promised to place in the public domain to help educate fellow Ghanaians on some laws that most of us are not conversant with until today.

Those who think they are that too powerful to break the laws with impunity let them be warned!