Woyome's contempt case against Baako, Karbo et al adjourned to Oct 18
Two political commentators and a media house who were sued for contempt by businessman Alfred Agbesi Woyome Tuesday raised legal objections to the suit at the Court of Appeal in Accra.
Advertisement
Lawyers for Anthony Abayifa Karbo, a Deputy Director of Communications of the New Patriotic Party (NPP); Mr Kweku Baako, the Editor-in-Chief of the Crusading Guide newspaper, and the Despite Group of Companies Tuesday objected to the suit, claiming it was baseless and should, therefore, be dismissed.
The contempt application was about certain comments Karbo and Baako are alleged to have made on certain media platforms in relation to a suit against Woyome which was dismissed by the High Court and subsequently upheld by the Court of Appeal.
The businessman claimed that the comments “establish malice and lack of respect for the judgement and acquittal of the applicant (Woyome)’.’
Apart from the Despite Group of Companies, operators of Peace FM, other media houses that the businessman sued are the Multimedia Group Limited, operators of Joy FM, and Omni Media Limited, operators of Citi FM.
Objections
The legal objections border on the jurisdiction of the Court of Appeal to hear the contempt application and whether the company (Despite) could be cited for contempt.
Counsel for Karbo and Baako, Mr Egbert Faibile, argued that the Court of Appeal was an appellate court and, therefore, no fresh application could be filed at the court.
He stated that the applicant (Woyome) should have initiated the process at the High Court, instead of the Court of Appeal.
“This court (Court of Appeal) has no original jurisdiction, unlike the Supreme Court that has original jurisdiction. The application should have been filed at the High Court before moving to the Court of Appeal,’’ he argued.
Counsel for the Despite Group, Mr Thaddeus Sory, on the other hand, argued that the application against the company was not legal, as a corporate entity could not be cited for contempt.
“The proper practice is to go against the directors of the company and not the corporate entity. In contempt matters, you don’t proceed against the corporate entity but rather against the directors. The application is woefully inadequate and should be dismissed,’’ he argued.
Response
Counsel for Woyome, Mr David Annan, on the other hand, argued that the application was about an act that scandalised and disrespected the judgement of the court.
“The Attorney-General transmitted the matter from the High Court to the Court of Appeal which was determined. Any argument that we have to file a notice of appeal is ill conceived,’’ he said.
The three-member panel, presided over by Mr Justice Samuel Marful-Sau, adjourned the case to October 18, 2016 to give more time to Mr Woyome’s legal team to properly respond to the legal objections raised by the applicants.
Other members of the panel are Ms Justice Irene Charity Larbi and Mrs Justice Margaret Welbourne.
Contempt application
Mr Woyome dragged Karbo, Baako, the Despite Group, the Multimedia Group and Omni Media to the Court of Appeal, alleging that they had engaged in acts “that were designed to erode public confidence in the administration of justice, attack the authority of the court and the entire Judiciary”.
He claimed that the two individuals and the three media houses sought to incite public opinion against him after he had been acquitted by the court.
“Their comments were calculated to interfere with the course and delivery of justice by inciting judicial or public opinion against the applicant in the way he conducted his criminal case and to affect his assertion of his right in Republic Vrs Alfred Agbesi Woyome criminal case,’’ it said.
In the said case, the businessman was cleared of any criminal charges against him in a case in which he was accused of causing financial loss to the state.
He was, however, ordered by the court and the Supreme Court to pay the GHc51 million which he owed the state.
The media houses, he claimed, allowed their platforms to be used by Karbo and Baako to make alleged contemptuous statements.
#Woyome
