An Accra High Court presided over by Justice Daniel Mensah, has ordered that hearing notice be served on the Ghana Police Service; led by the Inspector General of Police (IGP) and the Attorney – General Department (A-G)over contempt of court charges levelled against them.
The court ordered the two be served for the hearing of the case to begin. This follows remarks by Frank Davis, lawyer for the plaintiff – Kwadwo Asante Boateng that the AG had failed to appear before the court.
Nii Laryea Afotey Agbo, Greater Accra Regional Minister who is also a party to the suit, the lawyer said, ought to go to the A-G for legal advice.
The trial judge, in a ruling, stated that the hearing notice again be served the parties and awarded a GH¢1,000 cost against the defendants.
Frank had at the previous sitting criticized the two defendants over their absence in court.
The lawyer had argued that the instance where “big men” do not attend court should not be countenanced.
Mr Davis pointed out clearly that the impression created by Nii Afotey Agbo, who was represented by one Ebenezer Kpakpo, was that he (Afotey) was too busy to attend court sittings, stressing that in contempt applications, the contemnors have to be in court but not their representatives.
Interestingly, Joseph Nii Ayikoi Otoo who represented Afotey Agbo in the previous sitting, has been discharged from the case.
This followed an objection raised by Frank to the effect that Ayikoi Otoo, being a private lawyer, could not represent the minister who had been cited for contempt while performing his official duties.
The court upheld the objection and discharged Ayikoi Otoo from the case.
Sitting continues on April 4, 2016.
The Facts Of The Case:
This paper has already carried out some publications on the matter when an Affidavit in support of an order of committal for contempt of court was filed by Kwadwo Asante Boateng against the Regional Minister and others and a writ of summons and statement of claim on 26, July 2012 over some parcels of land, and pursuant to terms settlement duly executed and filed on 26th, February 2013, before His Lordship Justice Alhaji Abdullah Iddrisu on 20th March 2013, entered consent judgment on basis of the terms of settlement as adopted and filed.
It was stated that on 10th July 2013 he filed a Motion on notice for an order of Writ of Possession which His Lordship Justice Bright Mensah granted and the writ of possession issued on 27th November 2013.
Kwadwo Asante Boateng stated that, on 28th November 2013, a letter from the Office of the Judicial Secretary signed by the Second Deputy Judicial Secretary, Samuel Boakye-Yiadom and addressed to the Director General of the Police Legal Directorate of the Ghana Police Service of a request to detail armed policemen to assist the Deputy Sherriff officers attached to the High Court execute the order for Writ of Possession.
He also noted that on January 10, 2014 the Regional Police Commander forwarded a copy of the writ of possession ordering demolishing of unauthorized structures on a parcel of land situated at Amrahia on his behalf to the National Security Coordinator and the Regional Minister.
According to the Plaintiff, Kwadwo Asante Boateng although this letter was forwarded to these people, (Defendants) with an articulate instruction that “the police had no option than to assist in the execution or else be cited for contempt,” the Defendants, including Afotey Agbo and Mohammed Ahmed Alhassan, have flagrantly snubbed the letter and hence failed to allow the court order to be executed.
He also pointed out that in view of the delays with the execution of the court order, the writ of possession elapsed and he was compelled to file another motion ex-parte for an order to issue a writ of possession on November 7, 2014 which was also granted by His Lordship Justice Anthony Oppong.
Kwadwo Asante Boateng said, although the second order was granted and parties made aware, the Defendants/Respondents have failed to assist in the execution of the court order since they did nothing to help with the execution of the writ of possession although they, Afotey Agbo and Mohammed Ahmed Alhassan have been assisting in the execution of similar orders.
The development, he stated have given rise to the emergence of land guards on the land, who are believed to be brought her by Nii Ashong Kojo III, making it difficult to take possession of his land.
Kwadwo Asante Boateng has in the light of the development, prayed the court to grant his pleas to ensure the sacred culture of fairness, impartiality, dignity and unflinching tradition to protect the rights of the individual.
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