Accra, Oct.25, GNA -The Attorney General (AG)
has appealed against a contempt conviction for Mr David Apeatu, the Inspector
General of Police (IGP).
It also filed an application for stay of
execution of the court’s decision.
It was adjourned to November 1, 2018.
Mr Godfred Yeboah Dame, a Deputy Attorney
General told the High Court in Accra on Thursday that an interpleader to make a
case that the police owned the property in dispute was also filed.
The State argued that, Justice Daniel Mensah,
the trial judge committed an error when he failed to take into account the fact
that none of the mandatory procedures required by the High Court (civil
procedure) rules, 2004, C. I. 47 for enforcement of judgement or order for
recovery of possession of immovable property had been compiled with the case at
Giving the background of the case, the Court
heard that on September 25, this year, the IGP committed contempt for
disobeying court orders.
The judge took a view of the conduct of the
head of police and said he must be “sanctioned appropriately”.
He stated that Mr Apeatu “wilfully” disobeyed
two court orders that directed him to provide security for the execution of
another court order that mandated the sale of a 12-block uncompleted flat at
Redco at Madina in Accra.
The IGP failed to discharge the burden
required to avoid a conviction and must be committed for contempt of court,
Justice Mensah added.
The Court’s decision was based on an
application for contempt of court filed against the IGP by Mr Samuel Aggrey and
Mrs Augustina Gyekye.
Both of them had gone to court to state how
the IGP did not comply with the Court orders on November 23, 2017 and February
20, this year, to provide protection for an auctioneer to sell the flats which
belonged to them.
They argued that the IGP in disobeying the
orders of the Court brought the administration of justice into disrepute.
The contempt case was as a result of a court
dispute in 1988 between Redco Ghana Limited, former owners of the flats and the
late Mrs Isabella Odi Aggrey, where she sued Redco for failing to pay an amount
of money due her.
On February 23, 1993, she won the case at the
High Court and the court ordered that the money be paid to her, but Redco
failed, thus the Court ordered for the sale of the property for Mrs Aggrey to
get her money.
Redco appealed at the Court of Appeal and
later to the Supreme Court, but were dismissed.
Redco then gave the house to the Ghana police
service instead of Mrs Aggrey or her family, therefore Mr Aggrey and Mrs Gyekye
filed an application at the High Court for the police to vacate the flat and
also helped to execute the High Court’s order for the flats to be sold under
The High Court ordered the IGP to provide
security, but he did not comply and as a result, Lawyers of the two applicants
filed another case citing the IGP for contempt.
The Attorney General argued that the property
belonged to the Ghana Police Service and not Redco.