Nii Obour, others convicted • Of contempt of court

Friday, November 6, 2009 (Front Page)

THE acting President of the Ga Traditional Council (GTC), Nii Adotey Obour II, and a claimant to the Nungua Stool, Odehe Kpakpa King Odaifio Welentse III, were yesterday convicted of contempt by the Accra High Court for flouting a court order which prohibited the council from allowing Nii Welentse to sit in.
Also convicted was the GTC as an entity.
They were, accordingly, ordered to pay a total fine of GH¢11,000 within 24 hours or in default face six months’ imprisonment.
Nii Obour and the GTC were ordered to pay GH¢3,000 fine and GH¢2,500 costs, while Nii Welentse was ordered to pay GH¢3,000 fine and GH¢2,500 costs.
The court, however, acquitted and discharged Nii Kojo Ababio V, Ngleshie Alata Mantse; Nii Adjetey Kraku III, Tema Mantse; Nii Kpobi Tettey Tsuru, La Mantse; Nii Nortey Owuo III, Osu Mantse, and Nii Ayikai, Akumadzen Mantse.
Counsel for the contemnors prayed the court to temper justice with mercy after the court had read out its ruling.
The court had held that all evidence pointed to the fact that the GTC and Nii Obour had flagrantly disregarded a 2006 court order which prohibited them from allowing Nii Welentse to sit as a member of the GTC.
A suit brought against the contemnors by Nii Ayiku IV, the Nungua Mantse, said unless the court cited the contemnors for contempt, their disrespectful conduct would be emulated by other chiefs and persons against whom similar restraining orders would be made by the court and the result was likely to be chaos and disorder in the country.
The court said the contemnors’ violation of the court order had brought the judicial system and the administration of justice into disrepute, ridicule and contempt, and for that matter their action must not go unpunished.
Following the writ issued against the contemnors by Nii Ayiku, the court, on June 22, 2006, quashed the proceedings of the GTC which inducted Nii Welentse as member of the council.
It also restrained Nii Welentse from holding himself as the Nungua Mantse and granted an order of mandamus to allow Nii Ayiku to occupy his rightful place in the GTC.
According to Nii Ayiku, in spite of the court’s restraining order, Nii Welentse continued to hold himself as the Nungua Mantse, with the express permission of Nii Obour.
The applicant further stated that despite hoards of warnings to Nii Welentse, he continued to hold himself and perform functions as Nungua Mantse, adding that numerous newspaper publications attested to that.
The applicant argued that the defiant acts of Nii Welentse and the other contemnors held the court to ridicule and contempt, adding that the acts of the contemnors were deliberate acts of disrespect for the orders and authority of the court, as well as acts carried out with a view to bringing the judicial system and the administration of justice into disrepute, ridicule and contempt.
Citing authorities, the court upheld the applicant’s prayer and, accordingly, convicted the contemnors.