[2011]DLSC4091 • June 28, 2011 • Supreme Court •
THE REPUBLIC vs. THE HIGH COURT, ACCRA EX-PARTE: DR. ERNEST ASIEDU OSAFO, INTERESTED PARTY; ALEX ABOAGYE
The applicant was committed to prison by the High Court, Accra for contempt of court due to non-compliance with a prior court order dated 26 January 2009. The contempt ruling was delivered by a judge different from the one who made the original order. The applicant challenged the jurisdiction of the High Court on the basis that no transfer order from the Chief Justice authorized the change of judge, and that the order was made without due process, specifically without the applicant being heard.
read moreGBADEGBE, JSC: We have before us a notice of motion at the instance of the Applicant that seeks to invoke our supervisory jurisdiction under Article 132 of the 1992 Constitution for an order of Certiorari quashing the ruling of the High Court Accra dated 29th March 2011 in Suit Number BFA.81/2007, by which the body of the Applicant was committed to prison for contempt of court. In the body of the motion paper originating the application herein, the prayer sought was for an order of extension of time within which to apply for certiorari in respect of rulings dated 29 March 201, 13 April 2011 and 21 April 2011. When the matter came up for hearing, learned counsel for the applicant’s attention having been drawn to the time frame spelt out in rule 62 of the Supreme Court Rules, CI 16 in relation to such applications, he abandoned his invitation to us that sought extension of time and proceeded with leave of the court to move the application substantively but limited only to the deliver.....