FOSTER MENSAH & 2 ORS. vs THE REPUBLIC

RULING This is an application for stay of execution of a judgement I delivered on 30th October, 2013. In that judgement, I ruled that the Central Disciplinary Board did not have jurisdiction to dismiss the applicants/respondents and gave good reasons for coming to that conclusion. Soon thereafter, Police Commissioner Rose Bio Atinga, in an interview aired on the radio/wireless poured out her resentment and swore never to comply with the court’s order. To give effect to her word, the present application has been brought. A stay is granted to test the correctness of a judgement on appeal and not to frustrate the victorious party in the enjoyment of their success. I see the utterances of Rose Bio Atinga as contemptuous of the court order and the same is calculated to frustrate the applicants in the enjoyment of their victory. In this connection, I am unable to accede to the request being made by the defendants/applicants. The application is therefore refused. (S.....