THE REPUBLIC vs. JUSTICE HAGAN (RESPONDENT) EXPARTE: KWADWO KANPORDIMA AND SARAH KANPORDIMA

APPLICATION FOR COMMITTAL FOR CONTEMPT i. Introduction: [1] The denial of liberty of any citizen of our Republic resulting from a charge of contempt is effected in accordance with the principles of fundamental justice. Even though there is no specific law on contempt in Ghana , the absence of codification of the law of contempt in Ghana does not in itself violate the principle that there must not be crime or punishment except in accordance with fixed or pre determined law. This is because the charge of contempt of court in Ghana rests in the concept of the public defiance that accompanies the charge of contempt. To establish contempt in Ghana the Applicant must prove beyond a reasonable doubt that the accused defied or disobeyed a court order, with intent, knowledge or recklessness as to the fact that the public disobedience will tend to depreciate the authority of the court. [2]. As previously stated by this Court ‘contempt of court is the big stick of civil litigation and.....