PNC Contempt case - Court dismisses application

May 13, 2011 (Page 3 Lead)

THE Accra Fast Track High Court yesterday dismissed an application filed by the flag bearer of the People’s National Convention (PNC) in the 2008 elections, Dr Edward Mahama, and six others which challenged the competence of a contempt suit brought against seven leading members of the PNC.
Three members of the PNC — Dr Somtim Tobiga, Ahmed Jatoh and Abu Seidu Baba Gana — had dragged Dr Mahama and the others to court for allegedly flouting a district magistrate court’s order which directed Dr Tobiga, his agents and party members, including the respondents, to vacate the PNC office until the final determination of a case brought against Dr Tobiga and the two others.
On January 6, 2011, the district court directed Dr Tobiga, Jatoh, Gana and party members to vacate the party office until the final determination of the criminal case, but, according to them, Dr Mahama and the other respondents flouted the court order by breaking into the office to organise a press conference on January 18, 2011.
Challenging the contempt suit brought against them, Dr Mahama and the six other executive members, namely, Alhaji Ahmed Ramadan, Bernard Monah, Attik Mohammed, Alhaji Baba Mohammed, Col George Luri Bayorbor (retd) and Abraham Kaban, had argued that the application was incompetent and must, therefore, be dismissed by the court.
In a preliminary objection, counsel for the respondents had prayed the court to strike out the contempt suit because it was difficult to identify who the applicant in the suit was.
However, the court, presided over by Mr Justice Charles Quist, held that the affidavit, as well as a supplementary affidavit in support of the suit, clearly indicated that Dr Tobiga and the two others were the applicants in the case.
The court held that Dr Tobiga, Jatoh and Gana were the deponents in the affidavit in support of the contempt application.
It further ruled that Dr Tobiga had clearly indicated in the supplementary affidavit that he had the consent of Jatoh and Gana to depose to the supplementary affidavit on their behalf.
It, therefore, disagreed with the defence team’s argument that Dr Tobiga and the two other deponents were strangers in the case.
After the ruling, counsel for Mr Monah, Mr James Agalga, informed the court that Jatoh and Gana had indicated to him that they wished to withdraw as applicants in the contempt suit.
The trial judge then directed Jatoh and Gana to file an application spelling out their withdrawal from the suit.
Mr Agalga then prayed the court to give the respondents ample time to file their response.
According to counsel, the respondents could not file their affidavit in opposition to the suit because of the preliminary objection they had raised.
Dr Mahama, Alhaji Ramadan, Mr Monah and the other respondents were present in court. Dr Tobiga and the two applicants were also present in court.
Hearing continues on June 6, 2011.