A-G, IGP, hot over contempt charges

An Accra high court has for the second time ordered that hearing notices be served on John Kudalor, Inspector General of Police (IGP) and the Attorney-General (A-G) over contempt of court proceedings against the two.

The court, presided over by Justice Daniel Mensah, yesterday held that the two be served for the hearing of the case to commence.

This follows remarks by Frank Davis, lawyer for the plaintiff – Kwadwo Asante Boateng that the AG had failed to appear before the court.

Nii Laryea Afotey Agbo, Greater Accra Regional Minister who is also a party to the suit, the lawyer said, ought to go to the A-G for legal advice.

The trial judge, in a ruling, stated that the hearing notice again be served the parties and awarded a GH¢1,000 cost against the defendants.

Frank had at the previous sitting criticized the two defendants over their absence in court.

The lawyer had argued that the instance where “big men” do not attend court should not be countenanced.

Mr Davis stated that the impression created by Nii Afotey Agbo, who was represented by one Ebenezer Kpakpo, was that he (Afotey) was too busy to attend court sittings, stressing that in contempt applications, the contemnors have to be in court but not their representatives.

Interestingly, Joseph Nii Ayikoi Otoo who represented Afotey Agbo in the previous sitting, has been discharged from the case.

This followed an objection raised by Frank to the effect that Ayikoi Otoo, being a private lawyer, could not represent the minister who had been cited for contempt while performing his official duties.

The court upheld the objection and discharged Ayikoi Otoo from the case.

Sitting continues on April 4, 2016.

Asante Boateng also called Kwadwo Baah Asante, a livestock farmer, had sued the defendants for failing to execute an order for writ of possession to him over parcels of land which are a subject of litigation.

The judgement he had secured at a high court presided over by Justice Bright Mensah in 2013, had still not been executed.

The trial judge had said, “It is further ordered that all structures illegally erected on the land, the subject matter of this suit, should be demolished.”

The plaintiff in a statement of claim in support of the contempt proceedings among other things, stated that in November 28, 2013, Samuel Boakye-Yiadom, the Second Deputy Judicial Secretary, in a letter addressed to the Director-General of the Police Legal Directorate, was asked to detail armed policemen to assist the deputy sheriff officers to execute the court order and instruct the policemen to maintain law and order.

Mr Kwadwo Baah said even in the face of the lucid and unambiguous terms of the letter, the defendants had in flagrant and contemptuous rebuff disregarded the order and no efforts on his part would compel them to effect the order.

He said the defendants up till date had treated the order of the court with extreme levity and had done nothing to assist in its execution.

The statement of claim stated: “The conduct of the defendants clearly and unambiguously amount to an obstruction and interference with the due administration of justice, bringing the name of the judicial process into disrespect and disrepute.”