An Appeals Court on Thursday dismissed a criminal contempt action instituted by embattled businessman Alfred Agbesi Woyome against Kweku Baako, Anthony Abaryifa-Karbo, Multimedia Group Ltd, Despite Group of Companies (Operators of Peace Fm/Peacefmonline) and Citi FM.
The three member panel presided over by Justice Kanyokeh threw out Mr Woyome’s suit after it largely agreed with the defendants’ objections and further awarded cost of GHc 6,000 against the plaintiff
Other members of the panel were Ms Justice Irene Danquah and Mrs Justice Margaret Welbourne.
The contempt application was about certain comments Karbo and Baako are alleged to have made on certain media platforms in relation to a suit against Woyome which was dismissed by the High Court and subsequently upheld by the Court of Appeal.
The contempt application cited the respondents variously for engaging in acts that was calculated to “prejudice the due administration of justice in general and in particular the judgment of the Court of Appeal in the case of the Republic Vrs Alfred Agbesi Woyome with suit number H2/17/15 delivered on the 10 of March 2016 …”
The businessman claimed that the comments “establish malice and lack of respect for the judgement and acquittal of the applicant (Woyome).”
Mr. Woyome, led by his lawyer David Annan, therefore dragged Karbo, Baako, the Despite Group, the Multimedia Group and Omni Media to the Court of Appeal, alleging that they had engaged in acts “that were designed to erode public confidence in the administration of justice, attack the authority of the court and the entire Judiciary”.
He claimed that the two individuals and the three media houses sought to incite public opinion against him after he had been acquitted by the court.
“Their comments were calculated to interfere with the course and delivery of justice by inciting judicial or public opinion against the applicant in the way he conducted his criminal case and to affect his assertion of his right in Republic Vrs Alfred Agbesi Woyome criminal case,’’ it said.
He had argued that the Multimedia Group was in contempt of Court by allowing the New Crusading Guide Editor-In-Chief to denigrate Woyome on its flagship news analysis programme, Newsfile.
The plaintiff (Mr. Alfred Agbesi Woyome), further averred that the conduct of Anthony Karbo, Kweku Baako, and the three media houses cited, to have aided and abetted them to make disparaging pronouncements before, during or after the determination of the judgment of the Court of Appeal was deliberately aimed at inciting public opinion against him (the plaintiff) and/or to impede the administration of justice, impair the authority of the judiciary or to erode public confidence in the administration of law and justice by the Court of Appeal.
The Plaintiff in his reliefs prayed the court to charge the Respondents guilty, and make them to purge themselves, apologize and retract and pay a fine and/or give security of good behavior, or they be committed into custody as the court may deem fit.
Mr. Woyome, who is battling the state over some 51.2 million cedis wrongfully paid to him, brought his case at the Court of Appeal.
OBJECTIONS
But lawyers for the respondents raised objections to the suit, arguing the Court of Appeal was not the proper forum to hear the matter.
The legal objections bordered on the jurisdiction of the Court of Appeal to hear the contempt application and whether the company (Despite) could be cited for contempt.
Counsel for Karbo and Baako, Mr Egbert Faibile, argued that the Court of Appeal was an appellate court and, therefore, no fresh application could be filed at the court.
He stated that the applicant (Woyome) should have initiated the process at the High Court, instead of the Court of Appeal.
“This court (Court of Appeal) has no original jurisdiction, unlike the Supreme Court that has original jurisdiction. The application should have been filed at the High Court before moving to the Court of Appeal,’’ he argued.
Counsel for the Despite Group, Mr Thaddeus Sory, on the other hand, argued that the application against the company was not legal, as a corporate entity could not be cited for contempt.
“The proper practice is to go against the directors of the company and not the corporate entity. In contempt matters, you don’t proceed against the corporate entity but rather against the directors. The application is woefully inadequate and should be dismissed,’’ he argued.
RESPONSE
Counsel for Woyome, Mr David Annan, on the other hand, argued that the application was about an act that scandalised and disrespected the judgement of the court.
“The Attorney-General transmitted the matter from the High Court to the Court of Appeal which was determined. Any argument that we have to file a notice of appeal is ill conceived,’’ he said.
RULING
In its ruling Thursday, the Court held that whilst it had jurisdiction to hear the matter, the case should have started at the High Court.
It also ruled that Contempt proceedings cannot be instituted against companies as Mr. Woyome and his lawyers sought to do.
Contempt is an offence against the person, the Court pointed out.
Therefore the contempt proceedings ought to have been instituted against the directors of the companies, instead of the companies as corporate institutions, the judges held.
The court, therefore, threw out the suit and awarded cost of GHc 6,000 against the plaintiff
It is unclear if Mr. Woyome will re-file his case.
Woyome’s Suit
First Respondent, Mr. Abaryifa-Karbo, who happens to be a deputy communications director of the NPP, is said to have mentioned on TV3 New Day programme and live on 3FM, a subsidiary radio station of the Media General (MG) company, on 2nd April 2016 that “there is major collusion in Government, people are in cahoots with Mr. woyome, these monies were paid Fraudulently, an attorney general failed to defend the state and as a result a judgment was secured adding that “what we care about is a man has stolen our money fraudulently, and government came out to defend and justify this theft…” portions of the suit read.
Mr. Abaryifa-Karbo, a former youth organizer of the party, according to the particulars of the contempt application, justified reports in the media that Mr. Woyome was confronted and insulted at a public place.
“Supreme Court says that look beyond the Fraud. Fraudulent Payments …woyome is walking free in this country, am told somebody nearly attacked him at the mall indeed such attacks should also face him all the time. …we will continue to taunt woyome until he pays this money”, he allegedly said.
On Adabraka-based Citi FM, Woyome’s suit indicated that on Tuesday 12 April 2016, the station published on its website citifmonline.com and on ghanaweb.com, a story captioned, “Empty threats can’t silence us - Karbo”; which relates how the first Respondent assured he would continue to speak about how plaintiff was fraudulently paid the 51million Ghana Cedis in judgment debt in 2010, until the money is retrieved.
On the third Respondent which happens to be Despite Company Limited, the station’s website, peacefmonline.com published on March 13 2015, that the NPP’s parliamentary nominee for Lawra in the Upper East Region, has described Woyome’s acquittal as the “biggest conspiracy, the biggest political scandal in the history of this country since 1957. This will qualify for a classic Hollywood movie”.
He continued “NDC people are trying so hard to equate the Freed Woyome case to other Court cases that people have gone to Court and have been freed. But the circumstances are different, the circumstances are completely different…this is an INSULT to the conscience of Ghanaians this particular case.
lt is a major scar on national consciousness (major scar). The whole world will laugh at Ghana”.
On the same Peace FM, Mr. Baako, who is a regular panellist on Wednesdays, is cited to have said “The court of Appeal even thinks it unnecessary but the truth is that we want to say this scandal; I am not sure there is any scandal more in the corruption history of this country…it is incredible.
According to the criminal contempt suit, Mr. Baako stated in parts, “l respect the court and l have no right to scandalize the Court BUT l think I have every right to criticize verdicts that are given by the court… I vehemently disagree with this thing. It is making this country look like a banana republic which we are not. It is a vote for impunity which should not be countenanced. If we are not careful it can lead to a situation where people will think the Court mean nothing.”
The third Respondent was accused of offering its platform ‘Kokrokoo’ morning show to 3rd Respondent; and “facilitated, encouraged, aided and abetted 1st Respondent to the above mentioned utterances.”
The plaintiff argued in the summon, “That peace FM 104.3 who are under the ownership direction and control of the 3rd respondent facilitated in the deliberate vilification of the Judiciary by hosting, promoting and aiding 1” and 2nd Respondents to act together for a common purpose to lower the administration of Justice, scandalize the Judiciary Parties and their Counsel, and thereby induce disrespect scorn and opprobrium in the minds of the public in order to incite public anger and violence against the court.
Following Despite Company Limited is the 4th Respondent which is Joy FM and its online portal, myjoyonline.com.
Mr Woyome, accused the station with affiliates in parts of the country, of offering its platform on Saturday March 12, 2016 on its Newsfile programme to promote, encourage, facilitate and enable 2nd Respondent to make and broadcast publicly.
The 5th Respondent is OMNI Media, owners of Citi FM, which is accused of granting the 1st and 2nd Respondents, the audience to spew contumacious conducts.
Source: Peacefmonline.com/Ghana
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