Supreme Court inviting people over alleged contempt undermines liberty, due process – Kwaku Azar

Professor of accounting and private legal practitioner Stephen Kwaku Asare, aka Kwaku Azar has taken a swipe at the Supreme Court over its recent decision to be inviting people over alleged contempt.

The lawyer opined that the whole practice where the apex court invites people to come and show cause why they should not be held in contempt undermines liberty and due process.

To him, “This is quite apart from its chilling effect on the right to freedom of expression and the duty to hold the Court accountable”.

He also argued that any allegation of contempt must be initiated by prosecutors and not the court.

“Any contempt ex facie curiae case must be initiated by prosecutors, not the Court, and they must prove their case beyond a reasonable doubt before a neutral judge, not those who feel their egos have been assailed.”

Reed his full opinion below

“I have heard it said that a person brought before the court on a charge of contempt of court is presumed guilty, and all that is required of him is to show cause why he should not be committed to prison.

I am yet to hear a more preposterous and outrageous proposition of laws. A person on trial for contempt is in no less a privileged position than any other accused person before our courts. In our accusatorial system of trial, every accused person is presumed innocent until his guilt is proven.

A person on trial for contempt is entitled to say: “I am not in contempt.” The prosecution must then prove the contempt. It is only after the contempt has been established that the accused may be called upon to “show cause.” Justice Adade. [1995-96] 1 GLR 377.

This whole practice of the SC inviting people to show cause why they must not be held in contempt undermines liberty and due process, quite apart from its chilling effect on the right to freedom of expression and the duty to hold the Court accountable.

Any contempt ex facie curiae case must be initiated by prosecutors, not the Court, and they must prove their case beyond a reasonable doubt before a neutral judge, not those who feel their egos have been assailed.

We are moving forward in reverse! GOGO will sunset the contempt of scandalizing the court.

#SALL is the cardinal sin of the 8th Parliament.

Da Yie!