Supreme Court shoots down Bolga High Court’s conviction of two persons for contempt
by Ayeh Offei-Akoto · MyNewsGh.comThe Supreme Court has declared void and quashed proceedings of the Bolgatanga High Court conducted on 10th March 2023, which resulted in the conviction of two individuals for contempt of court.
The two, Chief of Baare, Naab Nyakora Mantii and Secretary to the Talensi Traditional Council, Richard Sunday Yinbil, were cited for contempt by the then Supervising High Court Judge in Bolgatanga, Justice Alexander Graham, after they sought an audience with him in his chambers to convey an invitation from the Paramount Chief of the Talensi Traditional Council, Tongraan Naab Kugbilsong Nanlebegtang.
Justice Graham considered the invitation contemptuous, citing the existence of cases before his court originating from the Talensi area and expressing the view that the invitation was intended to influence his judgment in those matters.
The judge subsequently ordered the immediate arrest of the two men and had them brought before the court, where they were convicted of contempt. Lawyers who were present in court appealed for clemency, emphasizing that both men were first-time offenders. Following their conviction, they were ordered to sign a six-month bond of good behaviour before being released.
Shortly after the incident, the Talensi Traditional Council issued a statement clarifying that the invitation had been misconstrued. According to the Council, the invitation was never intended to influence the judge’s decisions in any pending matters involving the Talensi area, but rather to strengthen the longstanding working relationship between the judiciary and the Traditional Council.
In its ruling on an application for Certiorari filed before the Supreme Court, the apex court held that the entire proceedings of the Bolgatanga High Court that culminated in the conviction of the two applicants were void and accordingly quashed them.
In a unanimous decision, the Supreme Court said “The Court has read all the documents filed in this application and have listened to Counsel make submissions to the Court. The Court finds that the whole proceedings of the Court in Bolgatanga were void having regard to the fact that the Applicants were not given the required notice to answer any allegation of contempt.
In the circumstances, the order of the High Court, Bolgatanga dated 10th March, 2023 that cautioned and discharged the Applicants herein is to be brought to this Court for the purposes of being quashed and same is hereby quashed.”
The ruling effectively nullifies the contempt proceedings and affirms the Supreme Court’s finding that the applicants were denied the procedural fairness required before being cited and convicted for contempt of court.
Source: MyNewsGh.com
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