Law lecturer at the GIMPA Law School, Ernest Kofi Abotsi, says one can still fall into the trap of contempt of court even after the judgement on the election petition has been delivered.
He said “the fact that the court’s judgement has ended with the slamming of the gavel does not imply that the jurisdiction of the court” to bring contempt proceedings is ousted.
Any person who makes comments on the judgment which the court considers scandalous and injurious to its reputation can be cited for contempt and punished, he said.
“When the court speaks and you say things about the court that can be deemed to be scandalizing of the court, or deemed intentional of bringing the administration of justice into disrepute, actually this is the time, in my opinion, when contempt of court may be looming large,” Mr. Abotsi stated.
He was a panelist on Joy FM’s Super Morning Show discussing the verdict of the Supreme Court on the election petition.
Even though the jurisdiction of the nine-member panel adjudicating the matter will come to an end after the gavel comes down, the jurisdiction of the court continues “and therefore if you scandalize this court which has just ended, that same court with a different panel or with the same panel reconstituted can hold you in contempt,” he explained.
Mr. Abotsi emphasized that whilst citizens were free to express their opinions, they ought to do so with circumspection.
“I think as we stand on the verge of some history we should all be careful not to do anything that would undermine the peace and stability of Ghana and I think the least we can do is to ensure that journalists who [are] actually monitoring the process do not say things that would endanger the stability of Ghana,” he stressed.
Contributing to the discussion, former Chief Executive of the Volta River Authority ( VRA) Dr. Charles Wereko-Brobby said it was frequently important for journalists to be made aware that “their commentary on this verdict can land them in trouble just as much as the commentary on the proceedings” of the case.
A number of people were hauled before the court and charged with contempt of court and sentenced to various terms of imprisonment and fines.
