An Accra based businessman has filed notice of appeal at the Court of Appeal seeking to overturn a High Court ruling clearing Nii Laryea Afotey Agbo, the Greater Accra Regional Minister and Inspector General of Police (IGP), John Kudalor of contempt.
The appellant, Kwadwo Asante Boateng aka Kwadwo Baah, a livestock farmer believes the judge, Justice Daniel Mensah erred in dismissing a contempt application he initiated against the duo for failing to execute a court order.
Kwadwo Baah in his latest action is asking the court to set aside “the whole ruling of the learned High Court judge…and a ruling given in favour of the Appellant.”
It may be recalled that Justice Mensah on June 23 this year threw out a contempt of court motion filed by the appellant to incarcerate the two for refusing to carry out a demolition exercise in respect of a land case he had won.
The two appointees were dragged before the court for refusing to execute an order for writ of possession over parcels of land which was a subject of litigation.
Ruling
In the view of the judge, it was most unfair to convict the minister as well as Kudalor for contempt although it was not in doubt that Kwadwo Baah had secured a judgement from the court which had yet not been executed although they both had a role to play to execute it.
Justice Mensah stated that the IGP became aware of the order from the court per a letter from the Judicial Secretary but the offices failure to carry out the order of the court did not constitute contempt of the court.
He argued that the current IGP was not in office when the instant suit was initiated but had indicated his clear intention to obey the order.
On the Minister nicknamed “Lion”, the court held that the minister could also not be cited for contempt although his office was aware of the judgment of the court which required that he played a specific role.
The judge however stated that the action of Lion was not intentional and willful disobedience of the orders of the court and accordingly discharged him of the contempt.
Claims
The applicant in a 15-paragraph affidavit in support of the motion for committal for contempt argued that the court ought to jail the two for contempt following their inability to execute the judgement he had secured at a High Court in 2013.
He 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.
It mentioned that in another letter dated October 1, 2014, DCOP Christian Tetteh Yohuno, the then Accra regional police commander, forwarded a copy of the court order, ordering the demolishing of the unauthorised structures to the National Security Coordinator, IGP and Afotey Agbo, advising that “the police have no option than to assist in the execution or else be cited for contempt.”
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