An Accra High Court has ordered that hearing notices be served John Kudalor, the Inspector General of Police (IGP) and Nii Laryea Afotey Agbo, the Greater Accra Regional Minister in respect of the court of contempt proceedings against the two.
The court, presided over by Justice Daniel Mensah, held that the two be served for the hearing of the case to commence.
The decision of the court followed remarks by Frank Davis, lawyer for the plaintiff, Kwadwo Asante Boateng, that both defendants had failed to appear before the court.
He said the business where ‘big men’ did not attend court should not be countenanced.
Frank Davis stated that the impression created by Afotey Agbo who was represented by one Ebenezer Kpakpo was that he (Afotey) was so busy to attend court, stressing that in contempt applications, the contemnors had to be in court but not their representatives.
- Ayikoi Otoo represented Afotey Agbo.
Sitting continues on February 16, 2016
Mr Asante Boateng, aka Kwadwo Baah Asante, a live stock farmer, had sued the defendants for failing to execute an order for writ of possession to him over parcels of land which was a subject of litigation.
The judgement he had secured at a High Court presided over by Justice Bright Mensah in 2013 had still not been executed.
The trial judge had said, “It is further ordered that all structures illegally erected on the land, the subject matter of this suit should be demolished.”
Statement of claim
The plaintiff in a statement of claim in support of the contempt proceedings, among other things, stated that in November 28, 2013, Samuel Boakye-Yiadom, the second deputy judicial secretary, in a letter addressed to the Director-General of the Police Legal Directorate was asked to detail armed policemen to assist the deputy sheriff officers to execute the court order and instruct the policemen to maintain law and order.
It mentioned that in another letter dated October 1, 2014, DCOP Christian Tetteh Yohuno, the then police regional commander, forwarded a copy of the court order, ordering the demolishing of the unauthorised structures to the National Security Coordinator, IGP and Afotey Agbo, advising that “the police have no option than to assist in the execution or else be cited for contempt.”
Kwadwo Baah said even in the face of the lucid and unambiguous terms of the letter, the defendants have in flagrant and contemptuous rebuff disregarded the order and no efforts on his part would compel them to effect the order.
The plaintiff argued that the defendants up till date have treated the order of the court with extreme levity and have done nothing whatsoever to assist in its execution.
The statement of claim stated “the conduct of the defendants clearly and unambiguously amount to an obstruction and interference with the due administration of justice, bringing the name of the judicial process into disrespect and disrepute.”
By Jeffrey De-Graft Johnson