An Accra High Court has struck out a contempt application brought against Paul Adom Otchere, host of Metro TV’s ‘Good Evening Ghana’ programme by Dr. Yaw Akoto, a former Managing Director of the Tema Oil Refinery (TOR).
The applicant had also wanted the court to attach and commit Isaac Osei, a former Chief Executive Officer (CEO) of the Ghana Cocoa Board (COCOBOD) and the current MD of TOR, for contempt.
The court, presided over by Justice Kweku T. Ackah-Boafo, held that it does not have jurisdiction over the case.
According to the judge, the court could not hear the case, which has an aspect of it currently before the Court of Appeal for adjudication.
Dr. Akoto had sued the two over a documentary on the operations of TOR in which the issue regarding his accommodation – which is currently a matter before the Court of Appeal – popped up.
The applicant is accused of having occupied TOR’s bungalow, a government property, for 15 years.
Unhappy with the development, Dr. Akoto filed a motion for contempt at the court on July 13, 2017.
Thaddeus Sory, counsel for the respondents, making a point on jurisdiction, said once an issue relating to the case was pending before the Court of Appeal, the high court is out of jurisdiction, adding that the court ought to decline jurisdiction.
According to him, the respondents had made reference to the matter currently pending before the court.
Applicants’ Case
In an affidavit in support of the motion, the former TOR CEO said that per the commentary on the subject before court, Mr. Osei deliberately sought to attract public sympathy for his case and thereby incite the public against his adversary and the judicial process.
He said to give their contemptuous statements maximum coverage and effect, the respondents advertised widely in advance of the airing of the said programme on various social media platforms, including Whtasapp.
The applicant said that on June 21, the respondents aired on Metro TV’s ‘Good Evening Ghana’ hosted by Mr. Adom Otchere, the said contemptuous statements on the programme, which is watched by millions throughout the world.
Dr. Akoto said the respondents further put the contemptuous material on Youtube, another social media platform, under the headline, “Former TOR MD refuses to leave office for 15 years……”
He, among other things, indicated that at the time the respondents published the said material, they were very much aware not only of the fact that the matter was pending before the Court of Appeal, but also all the processes, including the Court of Appeal dismissal of TOR’s application to set aside the order for stay of execution on May 16, 2017.
Dr. Akoto said the conduct of the respondents is intentional, deliberate and calculated to undermine the trust and confidence in the judiciary.
Respondents’ Case
The respondents, in their separate statements of case in opposition to the contempt case, variously denied any wrong doing.
Lawyer for Mr. Osei said that as a responsible citizen of the country, he (Osei) has respect for the judiciary and all of its organs, orders and processes and would not act in any way in relation to them or the court itself so as to bring its authority into disrepute.
He said Dr. Akoto’s application is an abuse of the contempt jurisdiction of the court which had only been exploited by the applicant for purposes of pursuing a personal vendetta against his client.
Mr. Osei argued, “In so far as the merit of the application is concerned…the allegations upon which the applications were grounded are without substance and cannot legitimately found any charges of contempt against me.”
Enters Paul
Mr. Paul Adom Otchere averred, “The reading of the applicant’s affidavit will leave this court in no doubt that I merely and honestly asked 1st respondent (Mr. Osei) a question regarding the reason for which 1st respondent found his work stressful, to which question 1st respondent answered by saying that he still had to commute from Accra, his current place of residence, to Tema, his workplace.”
Mr. Otchere added, “I then asked why 1st respondent had to commute between Accra, where he resides, and Tema, his place of work; 1st respondent answered that he had no access to his official residence in Tema, which is at all times material to the present application, still in applicant’s possession.”
The 27-paragraph affidavit further indicated that the reading of the verbatim reproduction of the exchanges between them shows that the programme was “not calculated to disparage the judicial process and bring the administration of justice into disrepute.”
He said the statements complained about do not by themselves amount to contempt of court unless and until applicants can establish beyond reasonable doubts that the said statements actually prejudice pending proceedings before the court.
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