[2016]DLHC4020 • December 14, 2016 • High Court
THE REPUBLIC vs. NII OBODAI ADDAI IV EX PARTE: LA DADEKOTOPON YOUTH ASSOCIATION
The La Dadekotopon Youth Association (Applicant) sought to commit Nii Obodai Addai IV (Respondent) for contempt of court. The Applicant alleged that despite a court injunction restraining certain defendants from managing La Beach and approving an Interim Management Committee (IMC), the Respondent, not a party to the original suit, acted contrary to the court's orders by supporting motions to withdraw the IMC's mandate and allegedly leasing the beach to third parties, including a Belgian firm. The Respondent denied these allegations, asserting that the leases were not granted and that his actions were in his capacity as Mankralo and member of the La Traditional Council, and that the judgment was delivered after some of the contested actions occurred.
read moreAPPLICATION FOR COMMITTAL FOR CONTEMPT Introduction: [1] The power of the High Court to punish for contempt is provided in Articles 19(12) and 126 of the 1992 Republican Constitution of Ghana, and re-enacted in S 36 of the Courts Act, 1993 (Act 459) as amended; S10 of the Criminal Offences Act, 1960 (Act 29) and Order 50 of the High Court (Civil Procedure) Rules, 2004 (CI 47). Order 50 of CI 47 sets the parameters by which an Applicant may move the court for an order for an attachment for contempt of court. [2] It is instructive to note that Article 19 Clause 11 of the 1992 Constitution provides that no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law. However, the same Constitution, Article 19(12) empowers the court to punish for contempt notwithstanding that the act or omission constituting it is not defined in a written law and the penalty thereof not so prescribed. [3] Further, it is instructi...