REV. ASANKOMAH Tandoh, who was found guilty of contempt and sentenced to 10 months imprisonment by a Sekondi High Court presided over by Justice Asiamah on February 11, this year, for levelling a number of corruption charges against the presiding judge handling the legal battle between him and his mother over the ownership of a private school in Takoradi, has filed an application at the Supreme Court for an order of certiorari to quash the ruling of Justice Asiamah.
Rev. Tandoh in February, this year, filed a motion at the Sekondi High Court praying for an order to remove Justice Asiamah, who is also the Supervising High Court Judge in the Western Region from presiding over the case involving him and his mother, Prophetess Mary Wood.
In a sworn affidavit accompanying the said motion, Rev. Tandoh alleged that his mother and her counsel had paid what he described as a nocturnal visit to Justice Asiamah's residence, including another one to his new school, Jacris, this time allegedly by his mother and Justice Asiamah whilst the case was still pending before him.
He also alleged that he had submitted the registration number and the name of the driver who allegedly drove his mother and Justice Asiamah to his new school at night to the BNI, who have also begun investigation into it.
Based on this, he prayed the court to remove Justice Asiamah from presiding over the case since it is likely he might not give him a fair hearing.
This motion and the supporting affidavit got to the notice of "The Dispatch" newspaper which also published same prompting Justice Asiamah to make an order for the editor of "The Dispatch" to appear before him on the next adjourned date after the motion had been moved on February 11 this year.
The editor of "The Dispatch", Mr. Ben Ephson, who was accompanied to the court by the editor of the Daily Graphic, Mr. Elvis Aryeh, on the next adjourned date apologized to the court for whatever embarrassment the publication as contained in the affidavit of Rev. Tandoh, might have caused him, a plea which was accepted by the court and he was ordered to publish in the front page of the paper, stating that the publication he made scandalizing the court was untrue.
Justice Asiamah then called Rev. Tandoh and asked him whether he personally saw his mother and counsel coming to his residence in the night which he responded in the negative.
He again asked him whether he saw him (Judge) and his mother visiting his school also in the night, which he again responded in the negative.
He, however, told the court that he has witnesses who saw them and that he is prepared to bring them to court to testify.
Justice Asiamah then told him that by showing contempt to the court through the scandalous publication he caused in "The Dispatch", he has convicted and sentenced him to 10 months imprisonment. In the motion of notice for an order of certiorari, which was filed at the Supreme Court on March 12, this year, by Kuenyehia and Co., an Accra-based legal firm on behalf of the applicant, who is currently serving his jail term in the Sekondi prison, counsel submitted that the facts as contained in the ruling given by Justice Asiamah do not in law amount to contempt of court.
This, he argued, is because the affidavit had already been filed with the court and copies served on Justice Asiamah and the interested party.
"It is submitted that court processes are privileged and this publication cannot amount to contempt of court," counsel submitted, arguing further that the applicant was not given ample opportunity to produce his evidence before the court.
He concluded that what was stated in the affidavit was not true.
According to Kuenyehia and Co, the applicant maintains that he and his wife live not too far from the bungalow of Justice Asiamah at Windy Ridge, Takoradi and that the applicant's wife rushed to the bungalow of the Judge when the couple heard about the alleged night visitors in order to tell their side of the story to the Judge, but she never got round to doing so because Asiamah diverted the conversation to one of a prayer meeting.
"Be that as it may, the fact remains that the applicant has been convicted without being given a chance to call those who could prove his allegations. In doing so the learned Judge erred against the rules of natural justice," Kuenyehia argued.
Counsel also submitted that the question also arises as to whether or not the applicant ought to have been put into the dock and sworn for his evidence or otherwise before being sentenced by the Judge, adding that the proper cause was to have done so.
His (Judge) failure to do so is fundamental especially so as the alleged contempt was not committed.
"It is also significant to note that there was no application for contempt before the court, therefore, having been convicted of contempt without being given an opportunity to establish his case, the probabilities weigh against the applicant getting fair trial at the hands of His Lordship Justice Asiamah," counsel concluded.
The application would be heard on April 16. The Sekondi High Court registrar confirmed to the Chronicle when contacted that the application as ordered by Kuenyehia and Co has been filed at his outfit. It was filed on March 12.
In a related development, the Chronicle has begun investigation into the alleged intimidation, harassment and threat of dismissal going on within the Judicial circle in Sekondi-Takoradi. Stay tuned.
