Odododiodioo University: On The Issue Of Contempt Of Court; A Letter To My Learned Friend

P.O. Box AK47
Akotolante - Accra

Dear Counsel,

This is your very good friend. It's been a longtime. The last time we met was at the Bukom square in the heat of the electioneering campaign. I remember your advice. You admonished me to take my studies seriously. However, you made me understand that the 21st century is for people who think outside the box and positively challenge the status quo. This statement has ever since being one of my guiding principles. I must admit; I like your enduring spirit. The last time I accompanied you to the fast track high court, I really felt like becoming a lawyer the next day. You turned the whole courtroom into an amphitheatre. Listening to your arguments on that day, I was so convinced without any iota of doubt that the legal profession is indeed a learned profession and I was not surprised when a week later I read from the dailies that you won that case. I also read more about your celebrated cases in the Ghana law report (GLR). Indeed there are thousands of lawyers but it takes very distinguished lawyers to nail down their names in that legal book of fame and intellect. I am proud of you. I remember the night you explained the case of onyameniba & ors (mistake of facts) and that's when you said; 'mistake of fact is an excuse but ignorance of the law is no excuse'. Counsel, I am now in my final year and I am hoping to finish hard!

Law, there is this issue that I have been pondering over in recent times and I would humbly suggest you seriously consider. This has to do with aspects of the law of contempt as stipulated in the criminal offenses act of Ghana. This provision I find very dangerous to the principle of freedom of expression.

Law, my understanding is that when a case is in court we must not make pronouncements that might sound prejudicial in relation to the outcome of the case. My question is that, what do we mean when we say a statement is prejudicial? The judge in my humble opinion is suppose to be the referee in this whole judicial match and that, must pronounce judgment based on the evidence presented in court or as dictated by the constitution .In view of this, no amount of comments from outsiders must influence the decision of the judge. What I am saying is that, decisions of the judge should be influenced by evidence and arguments presented in court rather than the cacophony of noises or comments made in the court of public opinion, so that if you support a party in court you are logically and morally expected to support with evidence. Also, it should not be a crime to predict the outcome of a court case based on the evidence one might have so that dragging such a person to court for contempt becomes unnecessary. The decision of the court must be final and discrepancies must be addressed at a higher court. The only thing the judge must do is to be fair and firm irrespective of the outside noises.

Furthermore, I quiet remember you once told me that the philosophy behind the long wig of the judge is to indicate that he is not influence by outside comments. If the above is true, then it is clear that there is always a possibility of distractions from outside including statements that might influence and therefore the judge is expect to concentrate on evidence presented in court only. The next question is, why then should there be an easily abused law to prevent people from making whatever statements they want to make including predicting the outcome of a case in court while we all know the decision of the judge whether it's in favor or against is final. Let me at this moment respectfully state that, the judge must not be influenced.

Counsel, I am very keen on this aspect of the law of contempt of court or the supposed prejudicial statements because in recent times people are taking advantage of this provision and dragging vociferous citizens to court. I have this strong conviction that people might use this in the near future to gag Ghanaians especially the media.

Again, if the aim of the law of contempt is to prevent comments that might influence judgments of judges then allow me to respectfully mention that, this is a recipe for “judicio-legal” disaster. This is true because, our distinguished judges can make and unmake people hence they must not be carried away by public comments no matter how loud (the law is in the bosom of the judge). Counsel, the document containing the code of conduct for Judges and magistrates presents a solid case for the above assertion.

Finally counsel, permit me to humbly submit that the law of contempt of court is a setback to free speech. It can be easily abused at the detriment of the public opinion. In view of that, I will again respectfully suggest you consider my argument and subsequently call for a review of this law if it's possible. I will like to end here and will be so grateful to read your reply. Please do not forget to notify me immediately you post the reply. I really need you to reply. Thank you.

Yours sincerely

Joab Brown
[email protected]

(Final Year Student; University Of Ghana)
0265285424