REPUBLIC vs. MENSA-BONSU AND OTHERS; EX PARTE ATTORNEY-GENERAL

The case arose from a motion filed by the Attorney-General seeking committal of the first and second respondents for contempt of court and fines for the third respondent, based on publications in the Free Press newspaper that allegedly scandalised Justice Abban, a member of the Supreme Court panel in the '31st December case'. The first respondent, a legal practitioner and columnist, had written a letter to Justice Abban pointing out an alleged misquotation in the judge's reasons for judgment, specifically that a passage attributed to Dr K.A. Busia was in fact an editorial from the Daily Graphic newspaper. The letter and subsequent articles published in the Free Press accused Justice Abban of judicial chicanery and dishonesty. The Attorney-General contended these publications were contemptuous and undermined public confidence in the judiciary. The respondents denied the allegations and claimed their criticisms were fair and in good faith.

This case commenced with a motion on notice filed by the Attorney-General on 10 November 1994 asking the court for an order: “(i) of committal or attachment of the first and second respondents and to commit them to prison for contempt of court; (ii) that the third respondent pay heavy fines and also the costs of these proceedings for contempt of court; and (iii) that the respondents publish through the mass media a full and unconditional recantation of and apology for their contemptuous publications and conduct, upon the grounds stated in the accompanying statement and affidavits annexed hereto and for such further or other orders as to this honourable court shall deem fit.” The statement accompanying the application described the first respondent, Kwabena Mensa-Bonsu, as “a private legal practitioner in da Rocha Chambers, Accra and a columnist of the Free Press newspaper.” The statement goes on: “(ii) The second respondent is Eben Quarcoo, editor of the Free P...