Court to rule on contempt application against Dr Mahama

Accra, June 6, GNA - An Accra High Court will on June 24, rule on a contempt application filed against Dr Edward N. Mahama, 2008 Flagbearer of People's National Convention (PNC) and six other officials of the party. This was after the court had heard arguments from counsels of the applicants and respondents.

Mr James Agalga, one of the lawyers for the respondents prayed the court to dismiss the application for contempt and award punitive cost against the applicants Dr Somtim Tobinga, Ahmed Jatoh and Abu Seidu Baba Gama.

He noted that the applicants had not been able to prove a case of contempt against the respondents, adding that the order made by the District Magistrate's Court restraining the applicants was precise and directed towards the applicants and not the respondents.

According to counsel for the respondents, if the lower court wanted to direct the order of restraining the respondents it would have stated that categorically.

He admitted that the order itself lacked clarity, and the main problem was the interpretation of 93party members."

According to him it would be absurd for the respondents who were complainants in a criminal matter before the lower court to be restrained. He described the application as vexatious adding it had no basis in law.

However, Mr C.A. Chambers who represented the applicants said order of the lower court was directed to all party members including the respondents. He noted that the respondents had breached the court's order and therefore should be punished by the law.

Mr Chambers said abuse of the court order would mean bringing the administration of justice into disrepute.

The three applicants, Dr Somtim Tobiga, Ahmed Jatoh and Abu Seidu Baba Gana, are praying the court to cite Dr Edward Mahama, Alhaji Ahmed Ramadan, Bernard Mornah and Attik Mohammed for contempt of court for flouting a court order.

They are further praying the court to convict Alhaji Baba Mohammed, Colonel George Luri Bayorbor (Rtd) and Abraham Kaba.

According to the applicants, the respondents flouted a District Magistrate's court order, which directed Dr Tobiga, his agents and party members, including the respondents, to vacate the PNC party office until the final determination of a case brought against the applicants.

In the said case, the applicants were standing trial for allegedly causing damage and stealing at the District Magistrate's court, and on January 6, it directed the applicants and party members to vacate the party office until the final determination of the criminal case.

Bail for the applicants was revoked by the court on February 24, for flouting its orders to enter the party office.

However, the High Court later quashed that decision after almost two weeks on remand on grounds that the lower court exceeded its powers.

An affidavit in support of the application for committal for contempt deposed to by the three applicants stated, among other things, that the respondents flouted the court's order by forcibly breaking into the party's office to organise a press conference.

According to them, the respondents committed the contemptuous action on January 18, which was subsequently captured on national television.

The affidavit in support further stated that the respondents, who were mostly parties in the criminal case, had knowledge of the January 6, order and for that reason they had mocked the said order.

It was based on this that they were asking the high court to cite them for contempt.