The High Court in Accra has issued a bench warrant for the arrest of the Director General (DG) of the Criminal Investigation Department (CID) of the Ghana Police and DG of Legal and Prosecution Unit of the Ghana Police Service for failing to appear in Court for Contempt.
This was after the Court held that the two who are respondents in an application filed by Sureword Global Outreach for an order for the respondents to release a vehicle with registration number GN2925-20 to the applicant have “blatantly refused” to appear before the Court.
On Monday, April 15, 2024, Counsel for the application, Abraham Arthur, moved an application for committal for Contempt of the CID boss and DG of Legal and Prosecution Unit for not obeying the Court’s orders.
He argued that the Court specifically ordered the Inspector General of Police to order the DG of the CID of the Ghana Police Service as well as the DG of the Legal and Prosecution of the Ghana Police Service to appear before the court on Monday, April 15, 2024.
According to the Counsel, “the orders have been carried out but the respondents were not in court.
The Court presided over by Justice Lydia Osei Marfo, after hearing the submission of Counsel said, “the Court has extended enough courtesy to the respondents to appear but have refused. Nobody is above the laws of Ghana” and subsequently issuing a bench warrant for their arrest.
The Court further revealed that, there is evidence on record to indicate that this court’s orders have been carried out and an affidavit of service which indicates that, the order of the court to serve on the IGP through Inspector Boatemaa Juliana his secretary at Cantonment.
“Equally, the previous order was served on the IGP through Inspector Alexander Nsiah, Secretary at Cantonment on March 26, 2024.
“This court has extended enough courtesy to these public officers and due to the fact that there is nobody above the law.
“I hereby issue a bench warrant for the arrest of the respondents – Director General of the Criminal Investigation Department and Director General Legal and Prosecution unit of CID of the Ghana Police Service.
On March 19, 2024, the Court held that it was satisfied that for the second time, the notice of the application for the two Public Officers to appear before the Court had been brought to the attention of the respondents.
The Court also held that the two Respondents have blatantly refused to appear before this Honourable Court to answer to the application of contempt against them.
“It is hereby ordered for the last time, this court is making an order directed at the Inspector General of Police (IGP) to order the Respondents, to appear before this court on the next adjourned date.
The Court further ordered the registrar of the court to serve the order of March 19 together with its proceedings and the previous date on the IGP to order the respondents to appear before this court Justice Marfo again ordered that, the court will not hesitate to issue a bench warrant against the respondents,… if they so fail for the third time upon service of the third order to appear in Court on Monday. the 15t of April, 2024 at 9:00am.
Background
In the affidavit in support of the committal for deposed to by Gladys Konadu, Director of Sureword, said the Applicant filed an originating motion on notice at Achimota District Court for the release of Applicant’s vehicle impounded by the Respondent.
It said, that on January 29, 2024, the District Court, Achimota, His Worship Prince Osei Owusu, granted the Applicant’s application and ordered the Respondents to release the aforementioned vehicle to the Applicant.
The affidavit in support said, the Respondents are aware of the order as same has been served on it on February 2, 2024.
The Applicant deposed that, in spite of the orders of the Court, the Respondents have blatantly refused to release the said vehicle to the Applicant despite several demands for the release of the vehicle.
“That the Respondent is acting in defiance to the orders of the Court for which it is clearly apprised.
“The willful disobedience of the orders of the Court by the Respondent amounts to a contumacious disregard for the sanctity of the Court and is targeted at bringing the administration of justice into disrepute.
“In the circumstances, the Applicant pray this Honourable Court for an Order of Committal for Contempt against the Respondents for defying the orders of the Achimota District Court, dated 29th January, 2024.”
