General News of Thursday, 19 July 2007

Source: GNA

Court dismisses T'Poly contempt case

Sekondi, July 19, GNA - A Sekondi High Court on Thursday dismissed a contempt of court case filed by one Theophilus B. Koomson, Vice President of the Students Representative Council (SRC) of the Takoradi Polytechnic and awarded a cost of five million cedis or 500 GH Cedis to the five defendants.

The defendants are Professor Daniel Mireku-Gyimah, Chairman of the Polytechnic Council, Dr Samuel Obeng Apori, Principal, Mr Anthony Bassaw, Vice Principal, Mr Jones Addai-Marfo, Secretary and Mr Anthony Joseph Turkson, Dean of Students, all of the Polytechnic. Only Prof Mireku-Gyimah was in court since the other four had not been served with the contempt summons.

Dismissing the application, Mr. Justice Anthony Oppong presiding said the service of an interim motion for injunction dated July 13 on the Polytechnic should have been served on Dr. Apori, the Principal or Mr. Addai-Marfo, the Secretary and not one Miss Anita A. Baidoo, a secretary of the Vice Principal.

"The service is improper and unrecognisable and does not serve any useful purposes", Justice Oppong stated. He said contempt of court was a serious charge, which could result in imprisonment.

Mr. Jeoph Abakah, Lawyer for the SRC, had earlier asked the court to give him time to study the affidavit in opposition filed by Prof. Mikreku-Gyimah.

Justice Oppong, however, instructed the Lawyer to prove the basic elements of contempt and move his application but Mr Abakah failed to do so and said, "we must have a serene atmosphere to deliver effectively, I don't feel comfortable".

The court therefore went into recess for 26 minutes and when it resumed, Justice Oppong dismissed the application and awarded cost against the SRC.

It would be re-called that the SRC on July 13, this year filed for a motion on notice for an order of interim injunction, which would be heard on July 26.

The motion sought among other things to postpone examinations scheduled for July 16 and that the present SRC should hand over properly before they left office.

The SRC led by Koomson again filed for contempt of court on July 16 and called for the cancellation of the end of the second semester examinations, describing it as "inappropriate, premature, potentially destructive, detrimental and not in the best interest of the students". They also asked the court to grant an injunction and restrain the school management, council, agents, servants and assignees from conducting the examination. 19 July 07