EXPLAINER: Breaking down what constitutes contempt of court

The contented of contempt of tribunal has resurfaced pursuing the issuance of a seat warrant by an Accra High Court for the apprehension of Deborah Seyram Adablah, the young pistillate astatine the centre of a high-profile intersexual harassment suit involving a elder banker and erstwhile First Atlantic Bank's CFO, Ernest Kwesi Nimako.

Seyram Adablah, a societal media influencer who gained notoriety successful 2023 aft suing her alleged "sugar daddy," Ernest Nimako, for breach of promise, claimed the banker failed to fulfill definite fiscal and worldly commitments made during their intimate relationship.

Among her demands were monetary compensation and ownership of a Honda Civic talented to her. On May 16, 2023, the tribunal ordered Adablah to manus implicit the vehicle, with registration fig GC 7899-23, to the tribunal registrar for safekeeping until the case's last determination.

However, media reports bespeak she has defied this order, starring to the apprehension order.

In airy of these caller developments, immoderate Ghanaians person began to question what actions tin pb to being cited for contempt of tribunal and what the ineligible implications genuinely entail.

Here is what the instrumentality says astir contempt of tribunal and its implications:

What is contempt

According to probe materials, being cited for contempt means committing the offence of disobeying a tribunal bid oregon engaging successful a behaviour that tends to obstruct oregon interfere with the court’s orderly medication of justice.

An idiosyncratic who is cited for this offence is referred to arsenic a contemnor.

Contempt tin beryllium either nonstop (contempt successful facie curiae), which occurs successful the beingness of a justice oregon during tribunal proceedings and is punishable without the request for a trial, oregon indirect (contempt ex facie curiae), which takes spot extracurricular the courtroom.

In cases of indirect contempt, the alleged contemnor indispensable beryllium formally notified and fixed an accidental to beryllium heard earlier immoderate sanctions are imposed, according to a ineligible practitioner, Benedicta Ama Mensah of Asare Bediako & Co.

Contempt whitethorn beryllium classified arsenic civilian oregon criminal.

Civil contempt

Civil contempt tin hap erstwhile an idiosyncratic fails to comply with a tribunal order, which successful crook injures a backstage party’s rights. An illustration of this tin beryllium an individual’s nonaccomplishment to comply with the tribunal bid to wage kid enactment to different party.

Some of the actions that tin represent civilian contempt of tribunal includes; one’s nonaccomplishment to wage kid enactment oregon alimony arsenic ordered by the courts, refusing to adhere to an bid to crook implicit documents, defying a restraining bid issued by the court, refusing to springiness backmost oregon instrumentality spot ordered by the court, violating an injunction bid by tribunal among others.

Criminal contempt

Under this category, immoderate behaviour that interferes with oregon obstructs the medication oregon transportation of justness by the tribunal is classified arsenic transgression contempt.

Some actions nether this includes causing a disruption successful the courtroom, yelling astatine the judge, refusing to attest earlier a expansive jury, threatening oregon insulting a justice oregon a magistrate, disobeying a subpoena to nutrient grounds among others.

A idiosyncratic cited for transgression contempt tin beryllium punished by a fixed condemnation similar jailhouse word oregon a fine.

Basically, transgression contempt focuses connected punishing acts that amusement disrespect for oregon undermine the authorization of the tribunal itself, portion civilian contempt is aimed astatine compelling compliance with a circumstantial tribunal order.

Elements that represent the offence of contempt

The lawsuit of Republic vrs Sitso 1; Ex parte Fordjour (2001-2002) SCGLR322 outlined the elements constituting the offence of contempt arsenic follows:

a. There should person been a judgement oregon bid that required the contemnor to bash oregon abstain from doing something.

b. The contemnor knew what precisely helium was expected to bash oregon abstain from doing; and

c. That helium failed to comply with the presumption of that judgement oregon the bid and that his disobedience was willful.

The ineligible practitioner, Benedicta Ama Mensah of Asare Bediako & Co further says that, “Although determination is nary single, codified statute connected contempt of tribunal successful Ghana, the lack of specified codification does not interruption the ineligible rule that determination indispensable beryllium nary transgression oregon punishment but successful accordance with established oregon pre-determined law.”

She added, “Order 50 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) outlines the process by which a idiosyncratic whitethorn beryllium committed for contempt of court. According to Order 50 Rule 1, committal proceedings indispensable beryllium initiated done an exertion to the court, supported by an affidavit that intelligibly states the grounds for the application. It is important to enactment that the announcement of motion, on with the supporting affidavit, indispensable beryllium served connected the idiosyncratic alleged to beryllium successful contempt. Furthermore, Order 50 Rule 2 empowers the court, connected its ain motion, to contented an bid requiring a idiosyncratic to amusement origin wherefore they should not beryllium committed for contempt of court.”

Meanwhile, Adablah has been sentenced to 45 days successful situation by the court.

MAG/VPO

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