The Court Of Appeal Hears The Contempt Case Brought Against Kweku Baako And Co.

The Court of Appeal on Tuesday, 26th July heard the contempt motion filed by David Annan, lawyer for Mr. Alfred Agbesi Woyome against Kweku Baako, Anthony Karbo, Despite Group of Companies (Peace FM), Multimedia (Joy FM) and Omni Media (Citi FM).

All parties in the case were present in Court with their legal representatives when the case was called at about 9.30am, with the court room full to capacity by mostly lawyers and the media who are interested in the case.

The question of whether or not the Court of Appeal has the jurisdiction to hear the case of contempt brought before it by the Applicant was argued by Egbert Faibille Jnr, lawyer for Anthony Karbo, 1st Resondent and Abdul Malik Kweku Baako, 2nd Respondent.

Per a Notice by 1st and 2nd Respondents preliminary objection (Rule 16(1) of C.I. 19), Ebert Faibille Jnr argued that their ground of objection is that: (1) Applicant has not filed any Notice of Appeal, and (2) that the Court of Appeal lacks jurisdiction to hear and determine Applicant’s Application for Contempt.

Thaddeus Sory, lawyer for Despite Group of Companies, the 3rd Respondent also took his turn and submitted that he entirely agree with lawyer for the 1st and 2nd Respondents on the question of the jurisdiction of the Court to hear the instant matter, and stated that the proper forum to hear the case is the High Court and not the Court of Appeal.

His second point of objection is that Despite Group of Companies is a corporate entity, and by law the contempt should be directed at the Directors of the company and not the corporate entity (company).

Lawyer David Annan responding to the Preliminary Objections of the 1st, 2nd and 3rd Defendants exhibited his legal prowess arguing that the Court of Appeal has jurisdiction in the instant matter before them. He stated that they were not in court on an appeal for him to File a Notice of Appeal, but has dragged the Respondent to the court for their direct and indirect conducts which is aimed at scandalizing the court and its judgment in favour of his Client, Mr. Alfred Agbesi Woyome.

He argued on the jurisdiction of the Court of Appeal to hear the case by masterfully and skillfully quoting laws, citing several Authorities and decided cases.

He argued strongly that the Court of Appeal as a one of the Superior Courts has the power to commit persons whose conduct tends to bring it into disrepute per the express provision of Article 126(2) of the 1992 Constitution.

The case is adjourned to 18th October, 2016 for Lawyer David Annan to respond to the objections entirely since the Notice of Preliminary Objection was filed and served just a day before the case was heard; and interestingly the court itself was not served with a copy.