THE REPUBLIC vs. ELIZABETH DANQUAH & 2 ORS , EX-PARTE: KWASI AKUFFO

The applicant, Kwasi Akuffo, had been arrested together with one Issahaku Iddrisu and charged before the Circuit Court, Accra in case No. D3/34/2018 with dishonestly receiving property, while the co-accused was charged with stealing. During investigations, the police seized several electrical appliances said by the applicant to belong to him, including television sets, pressing irons and street lights. On 5 November 2021, the Circuit Court acquitted and discharged both accused persons. Following the acquittal, the applicant applied for restitution of the seized items, and on 15 March 2022 the Circuit Court ordered the Sakumono Police to release the listed items to him forthwith. The applicant alleged that despite service of the order, the respondents—two police officers and the Inspector-General of Police—failed or refused to comply, prompting the present contempt proceedings. Portion of judgment indicating this: the court recounted that the applicant 'was charged for the offences of “Dishonestly Receiving Property” whilst the coaccused was charged with the offence of “Stealing”'; that the seized items included 'seven television sets... three pressing irons and three street lights'; that 'on the 5th November 2021, the Court... found both him and his coaccused not guilty... and acquitted and discharged them'; and that 'on the 15th March 2022, the Circuit Court... ordered the police, Sakumono to release the items afore listed to be released to the Applicant forthwith.'

JUDGMENT This is an application for Committal for Contempt of the three (3) Respondents herein who are two (2) Police Officers and the Inspector General of Police (IGP). The application was filed on 8th August, 2023. There was later a filed supplementary affidavit in support which only sought to attach a full version of the judgment of the trial Circuit Court in the criminal case. This became necessary because the learned Attorney for the Respondents had filed a Notice of Preliminary Legal Objection stating that the application was incompetent and not properly before the Court due to the fact that the Respondents had not been served with the full judgment. With the Court having been served with a copy of the full judgment attached to the Applicant’s affidavit and knowing that it could have been an error, the Court asked the Applicant’s counsel to file and serve the said judgment on the Respondents counsel which counsel for the Applicant readily agreed to do, hence the supplemen...