General News of Friday, 26 October 2018
The Attorney General stepped in yesterday to prevent the Inspector General of Police (IGP), David Asante-Apeatu from being sentenced to prison by an Accra High Court, which found him guilty of contempt.
Last month, the court, presided over by Justice Daniel Mensah, ruled that the IGP failed to provide security for the execution of a court order for the sale of a 12-block flat belonging to two citizens, Samuel Aggrey Jnr and Augustine Gyekye, which is being occupied by police officers.
But Deputy-Attorney General, Godfred Yeboah Dame, yesterday succeeded in preventing the court from going ahead to sentence the IGP to prison or pay hefty fine.
He told the court that the state had filed an application for stay of suspension of the sale order, as well as a notice of appeal.
Mr. Dame informed the court that the state had also filed an interpleader to lay claim to the flat which has been in contention for the past 30 years.
The Deputy AG apologised to the court for the failure of the IGP to appear before court.
The court, presided over by Justice Daniel Mensah, on September 25, 2018, gave the ruling after an application for contempt filed against the IGP by two private citizens- Samuel Aggrey and Augustina Gyekye over the sale of the 12–block flat at Madina, Accra.
The two told the court that the IGP disobeyed two orders given on October 23, 2017 and February 20, 2018 for him to provide security for an auctioneer to sell the flat.
They averred that the failure of the IGP to obey the orders of the court had brought the administration of justice into disrepute.
The court, presided over by Justice Mensah, in its ruling, held that “the act of the IGP can appropriately be said to be willful. The respondent (IGP) has failed to discharge the burden required to avoid a conviction, and must therefore, be committed for contempt of court and sanctioned appropriately.”
One Mrs. Aggrey (now deceased) and REDCO Company Limited have litigated over the property for the past 30 years.
The woman averred from the commencement of the case in 1988 that the company had failed to pay an amount of money owed her.
The court ruled in her favour and attached the uncompleted 12-block flat at Madina in Accra as security in case the company failed to pay the money to the late Mrs. Aggrey.
REDCO appealed the decision but lost, but even before the court ruled on the matter, the company gave out the property to the Ghana Police Service to house some of its officers.
The applicants went back to court to seek an order for the police to vacate the property and help execute the High Court’s order to sell the property.
But the police failed to comply with the court’s order and claimed ownership of the property.