The new Director-General of the Criminal Investigations Department (CID) of the Ghana Police Service, Deputy Commissioner of Police (DCOP) Faustina Agyeiwaa Kodua Andoh-Kwofie has been dragged to court on an allegation of contempt.
She is alleged to be meddling in a 24-year-old land dispute at Adjiringanor and Borteyman in Accra, which has been settled by the Supreme Court - Empire Builders Ltd vrs: Top Kings Enterprise Ltd.
DCOP Faustina Agyeiwaa Kodua Andoh-Kwofie, the CID boss and Superintendent of Police, Alhassan Bawa, of the Property Fraud Unit at the CID headquarters have both been dragged to court by Kingsley Owusu-Achau, the Chief Executive Officer of real estate company, Top Kings Enterprise on allegation of contempt.
The motion on notice for committal for contempt was filed by Kingsley Owusu-Achau on Thursday, January 19, 2023 and it is expected to be moved on January 31, 2023 at the Accra High Court.
The applicant, is praying for an order to commit DCOP Faustina Agyeiwaa Kodua Andoh-Kwofie and Superintendent Alhassan Bawa for “contempt for conducting themselves in a manner that brings the administration of justice into disrepute” and to order them to purge themselves of the contempt.
It is the case of Owusu-Achau that the two are meddling in a land case which has already been settled by the Supreme Court.
In an affidavit in support, Owusu-Achau states that the respondents have been arresting workers of Top Kings and its assignees whenever they attempt to develop the land.
“The respondents in complete disrespect of the Judiciary, inclusive the Supreme Court are preventing Top Kings and its grantees from developing the land by having police patrol vehicles always visiting the land in the company of officials of Empire Builders Limited to cause arrest of workmen of Top Kings and its grantees.”
The respondents, according to the applicant are telling the grantees of Top Kings who follow up to the CID headquarters to secure the release of their arrested workmen to ignore various court judgments in favour of Top Kings because the land belongs to Empire Builders Ltd.
The CID per a letter dated October 11, 2022 signed by DCOP Faustina Agyeiwaa Kodua Andoh-Kwofie, which has been attached as an Exhibit invited Mr Owusu-Achau to a meeting at the Property Fraud Unit with the explanation that it was investigating a case of trespass in respect of a parcel of land situate at Adjiringanor in Accra, which Mr Owusu-Achau’s name had been mentioned.
In the affidavit in support, Owusu-Achau stated that sometime in 1998, Top Kings commenced real estate development on land it had acquired from the Nungua stool at Adjiringanor / Borteyman.
Empire Builders Limited instituted action against Top Kings at the High Court and secured an order of interim injunction to restrain Top Kings from developing the land.
The suit travelled all the way to the Supreme Court for a period of 22 years with all the courts dismissing Empire Builders Limited claims to the land.
DCOP Faustina Agyeiwaa Kodua Andoh-Kwofie was appointed as CID boss after Ken Yeboah retired from active service at age 60 in September 2022.
Attached below is a text from the affidavit in support of the contempt motion
AFFIDAVIT IN SUPPORT
I, Kingsley Owusu-Achau of No. 5, Kojo Ashong Street, Dzorwulu, Accra make oath and say as follows;
1. I am the Chief-Executive officer of Top Kings Enterprise Ltd. a real estate development company (hereinafter simply "Top Kings).
2. Sometime in 1998, Top Kings commenced real estate development on land it had acquired from the Nungua stool at Adjiriganor/Borteyman.
3. Empire Builders Limited instituted action against Top Kings at the High Court in suit No. L49/99 entitled Empire Builders Limited vrs. Top Kings Enterprise Limited. and secured an order of Interim Injunction to restrain Top Kings from developing the land.
4. The case travelled all the way to the Supreme Court for a period of 22 years with all the courts dismissing Empire Builders Limited claims to the land.
5. After the Supreme Court judgment on December 16, 2020, Top Kings decided to return to its land to develop same.
6. Empire Builders Limited engaged the Ghana Police, National Security personnel and even the Ghana Armed Forces to prevent and frustrate Top Kings development of the land alleging that the land Top Kings has entered did not form part of the land the parties litigated over for 22 years ending at the Supreme Court.
7. When it became obvious that it could not use the security forces to frustrate Top Kings forever, Empire Builders Ltd commenced fresh action at the High Courts in Accra and Adenta in 2021 to stop Top Kings and its assigns from developing the land alleging that, that portion of the land was not covered by the Supreme Court judgment.
8. Both cases at the Accra and Adenta High Courts were dismissed basically on the grounds that they constitute an abuse of Court process in view of the Supreme Court judgement. A further appeal by Empire Builders Ltd to the Court of Appeal was also dismissed.
9. In effect none of the Courts accepted Empire Builders Ltd.'s allegation that the land Top Kings has taken possession of did not form part of the land litigated by the parties from 1998 to 2020.
10. Empire Builders Ltd did not exercise its right to proceed to the Supreme Court in respect of its allegation that Top Kings has gone beyond the land subject matter of the Supreme Court judgment dated 16th December 2020.
11. What Empire Builders Ltd has resorted to is to have the Respondents herein cause the arrest of workers of Top Kings and its assignees whenever they attempt to develop the land.
12. The Respondents in complete disrespect to the Judiciary inclusive of the Supreme Court are preventing Top Kings and its grantees from developing the land by having police patrol vehicles always visiting the land in the company of officials of Empire Builders Ltd. to cause arrest of workmen of Top Kings and its grantees.
13. The Respondents are telling grantees of Top Kings who follow up to the C.I.D Headquarters to secure the release of their arrested workmen, to ignore the various court judgments in favour of Top Kings because the land belongs to Empire Builders Ltd.
14. The Respondent have been inviting myself and the Nungua stool to their office purportedly to investigate a complaint of trespass and double sale of land lodged by Empire Builders Ltd.
15. On each occasion, Top Kings lawyers and myself have made it clear to them that the Empire Builders Ltd. claim has been dismissed repeatedly by all the courts he run to and indeed we have made copies of all the judgments to the Respondents.
16. Regardless of the numerous judgments denying and dismissing Empire Builders Ltd. claims, brought to the attention of the Respondents, they insist that the parties must compromise and resolve the dispute and insist that Top Kings and its grantees will not be allowed to develop the land until a compromise is reached with Empire Builders Ltd.
17. The Respondents invited me for another meeting with the C.E.O of Empire Builders Ltd at the 1st Respondents office on the 23rd of December 2022 which I refused to attend because Top Kings does not intend to compromise after 24 years of litigation that has ended in its favor.
18. In response to Top Kings refusal to take any further part in the absurd meetings at Respondents office to compromise the judgments in its favor, the Respondents have indicated that they will provide police protection to Empire Builders Ltd. to commence development of the land the courts have consistently denied it.
19. Like all other law-abiding persons, I know and accept that the Court is the final arbiter in disputes.
20. That when all efforts to resolve a dispute has failed the disputants resort to the court to make a decision which is binding on them, whether it favors them or not.
21. And when a party has exhausted the appellate processes, it has no other option than to accept and abide by the final decision.
22. I therefore find it strange that after 24 years of litigation at the courts initiated by Empire Builders Ltd. which did not go in its favor, the Respondents herein are bent on giving Empire Builders Ltd, what the Courts have consistently denied it.
23. I am advised and verily believe that the Respondents' conduct is bringing the administration of Justice into disrepute by seeking to enforce a claim the Courts have declined and dismissed repeatedly.
24. Attached are the judgments and correspondence from the Respondents to Top Kings;
a. Exhibit A- The Supreme Court Judgment of 16 December, 2020
b. Exhibit B- Ruling of the High Court, Adenta of 30th July 2021
C. Exhibit C- Court of Appeal's decision 12th April 2022
d. Exhibit D- Letter from the Respondents inviting the C.E.O of Top Kings Enterprise Ltd for a meeting
I therefore swear this affidavit praying that the Respondents be committed for contempt of Court.