Court dismisses contempt case against Kumawuhene
The Kumasi High Court last Wednesday dismissed an application for contempt brought against the Omanhene of the Kumawu Traditional Area, Barima Sarfo Tweneboa Kodua, and four others by Abusuapanyin Kwaku Gyekei and Opanin Kwabena Kodua.
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According to the court, the applicants were unable to meet the high burden of proof set out by the authorities in a case of contempt.
Other parties to the suit were the Queenmother, Nana Serwaah Amponsah; Abusuapanyin Kwame Acheampong, the Head of the Ankaase Royal Family; Nana Okyere Baffour, the Gyasehene, and Baffour Atta Tweneboah, the Nifahene.
Background
In 2014, Abusuapanyin Gyekei and Opanin Kodua petitioned the Ashanti Regional House of Chiefs against the selection of Barima Tweneboa Kodua, also known as Dr Yaw Sarfo, as the Omanhene of Kumawu.
While the petition was pending, the applicants filed an injunction before the Judicial Committee of the House of Chiefs to restrain Dr Sarfo and his collaborators from installing him as the Omanhene of Kumawu.
Although the said application was served on the respondents, they were alleged to have participated in a public ceremony at Kumawu that purportedly installed Dr Sarfo as the Omanhene.
On November 24, 2014, Abusuapanyin Gyekei and Opanin Kodua proceeded to the Kumasi High Court and filed a contempt motion against the respondents.
It was the case of the applicants that the conduct of the respondents was calculated to and did impair the due administration of justice.
Currently, there are two claimants to the Kumawu Stool, with Barima Tweneboa Kodua having the blessing of the Asanteman Council.
The other claimant, Barima Tweneboa Kodua IV, also known as Mr John Kwasi Oduro, was installed by another faction.
Ruling
In its ruling, the court, presided over by Mr Justice Charles Adjei Wilson, said although the court case was served on the defendants through a substituted service, “a court must not construe obstructed justice in the light of a mere filing of a process by a plaintiff or applicant. An injunction is not in force and effect until the final determination of the injunction application”.
According to the court, an anticipatory contempt was an improper use of the court’s contempt power, pointing out: “I would prefer to adopt, as an excellent guide to contempt, disobedience of the order of a court rather than obstruction to justice which is fluid.”
However, Mr Justice Wilson said the ruling should not be seen as “endorsing the installation of Dr Sarfo as the Kumawumanhene”.
“This is not the end of the case. The matter is still pending before the Ashanti Regional House of Chiefs, the forum for the subject matter,” he added.
