Contempt Of Court: Afram North DCE risk jail sentence

... as he arrogates SHS to his village

The District Chief Executive (DCE) of Kwahu Afram Plains North District in the Eastern Region, Mr. Windham Emil Afram, may go to jail as he has been slapped with a contempt of court charge by representatives of over 117 communities in the district which are disputing the appropriateness of the location of a Community Day Senior High School (SHS) in Mr. Afram's village in the Koforidua High Court. The communities argue that Bruben is the most appropriate location for the proposed SHS because of its nearness to all the Dwarf Island communities and their environs.

In a motion for contempt dated October 5, 2014 supported with affidavit, Mr. Andrew Nyarko-Adu of Yaw Barimah & Co., the lawyer for the applicants, prayed the High Court to severely punish Mr. Afram by committing him to prison for contempt of the court. The plaintiffs' counsel is asking the court to hear the case on October 16.

When Mr. Afram is gaoled, he will be the second DCE to be imprisoned recently for contempt for show of local political power. The DCE for Twifo Atti Mokwa, Mr. Bossman Osei Hyeamn, was sentenced to 14 days' imprisonment by the Cape Coast High Court for contempt last two weeks.

The incarceration of Mr. Hyeamn is the first time a sitting DCE has been jailed since 1993. The court sent him to the cooler for demolishing a market at Twifo Praso despite of a stay of execution against the lawless act.

The plaintiffs averred that the behaviour of the respondents, particularly the first respondent (Mr. Afram), is contemptuous of the authority and dignity of the court. “That the conduct of the respondents particularly the first respondent shows the disrespect he has for this honourable court, which to all intent and purposes, is calculated to undermine the administration of justice and thereby bring same into opprobrium, ridicule and contempt,” applicants stated.

The plaintiffs' application noted that a motion for interim injunction was filed with a writ of summons, with October 2, 2014 fixed for hearing, and a statement of case was subsequently filed on behalf of the plaintiffs/applicants on October 2, together with photocopies of the motion for interim injunction and the affidavit in support of the application; as well as the statement of case annexed hereto.

“That –notwithstanding; the fact that the defendants have been served with the motion for interim injunction which is yet to be heard, the defendants have introduced a contractor to a site at Mem-Chemfre where a site has been prepared for the construction of the proposed Community Day Senior High School with the foundation of the building being dug for construction to start.”

The applicants attached photographs of the ongoing construction work which were taken at the site of the proposed SHS on September 25. They stated that the first defendant has been boasting publicly that nobody can stop him from building the proposed SHS at his village, Mem-Chemfre, regardless of him being served with the writ and the motion for interim injunction.

“That the conduct of the respondents- particularly the first respondent- is no doubt intended to interfere with the hearing of the case; and thereby undermine the administration of justice. That the respondents have not bothered to enter appearance to the plaintiffs' writ of summons nor file any process -in respect of the application for injunction, and yet has gone ahead to start the construction,” the applicants submitted.

They therefore pleaded with the court to imprison Mr. Afram and the co-respondent to enable them to purge themselves of their contempt.