Lawyers of two persons sued for contempt of court by National Democratic Congress (NDC) businessman, Alfred Agbesi Woyome, at the Court of Appeal, are doubtful the action is in the right court.
In the view of Egbert Faibille Jnr., lawyer for the editor-in-chief of the New Crusading Guide newspaper, Abdul Malik Kweku Baako Jr. – one of the alleged contemnors – the court was not the right place for the case.
He argued that the court is an appellate court and that the action ought to have been instituted at the high court.
According to the journalist-lawyer who also represented Anthony Karbo, former National Youth Organiser of the New Patriotic Party (NPP), the case was simply in the wrong court.
Thadius Sory, representing the Despite Group of Companies, also defendant in the suit, stated that the applicant could not sue the company as an entity.
He said the directors of the company rather ought to have been sued and not Despite Group of Companies.
Consequently, the three-member panel of judges, presided over by Justice Samuel K. Marful Sau, adjourned sitting until October 18, 2016 for David Annan, lawyer for Woyome, to respond to the concerns of the lawyers.
Other judges sitting on the case are Justices Irene Larbi and Margaret Welbourne.
The embattled National Democratic Congress financier had filed a suit for committal for contempt of court against the three as well as Multimedia Group Ltd and Accra-based radio station, Citi FM.
The contempt application filed by Annan, is citing the respondents variously for engaging in acts that were calculated to “prejudice the due administration of justice in general and in particular the judgement of the Court of Appeal in the case of the Republic Vrs Alfred Agbesi Woyome delivered on the 10 of March, 2016 …”
According to Woyome's lawyer, the conduct of the respondents in the matter constitutes a direct or indirect disrespect to the Appeal Court and a naked intention and choice to scandalize the entire Court of Appeal, its judges and the parties in the case.
The plaintiff claims that the conduct of Karbo, Kweku Baako and the three media houses which aided and abetted them, made disparaging pronouncements before, during or after the determination of the judgement of the Court of Appeal.
He said it was deliberately aimed at inciting public opinion against him (the plaintiff) and/or to impede the administration of justice, impair the authority of the judiciary or to erode public confidence in the administration of law and justice by the Court of Appeal.
As a result, the plaintiff in his reliefs, is asking the court to cite the respondents for contempt, make them to purge themselves, apologize, retract and pay a fine.
Woyome also wants the court to order the respondents to give security of good behaviour, or they be committed into custody.
By Jeffrey De-Graft Johnson
[email protected]
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