Introduction

According to Black’s Law Dictionary 8th Edition defines contempt as “conduct that defies the authority or dignity of a Court or legislature. Herein, simply put disobeying a Court order, the reader should be able to understand the position of law with regards to contempt of court. Indeed, it is my understanding that most people or ordinary citizen or nonlawyers find it very difficulty to understand what constitute contempt of court.

As a law student there is a need for you to understand contempt of court in order to assist others to avoid contempt of court. Background Contempt of court is an offence which is punishable by the Court of law, one can be imprison because of contempt and one can pay huge amount of money because he/she
is liable for contempt. Now, contempt of court can be look in two forms and that is civil contempt and criminal contempt.

Herein, civil contempt can be said to be committed by refusal to comply with an order of the court, e.g. failure to act in accordance with the terms of an injunction or a decree of specific performance and criminal contempt is
committed by words or actions which interfere with or obstruct the proper
administration of justice or which bring the judicial system into disrepute.

Obvious examples would include interference with jurors or witnesses, misbehavior during judicial proceedings and refusal to give evidence or to attend court when ordered to do so. However, it is valid to know the differences as a law student.

Legal issues

The fact that we understand the two forms of contempt of court. Herein, the civil contempt and criminal contempt, basically the reader should be able to understand my write up is all about taking your time to understand that is both civil and criminal offence. Now, when does the matter of civil contempt arises and when does the matter of criminal contempt arises? That is to say that the damages are different or the punishment is different as well.

The answers to this question very clear. The court in civil contempt case awards damages or a sum of money against the party who is liable to civil contempt before them. And criminal contempt is punished by a fine or imprisonment or both. What can constitute contempt?

See in the case of R Sito I; EX Parte Fordjour, where the Supreme Court established what can constitute contempt of court in Ghana as follows:

There should have been a judgement or order which required the contemnor to
do or abstain from doing;

The contemnor knew what precisely he was expected to do or abstain from
doing and

That he failed to comply with the terms of that judgement or the order and that
his disobedience was willful. Herein, it is very clear with regards to court of Court in Ghana as it held in the case above.

Contempt can be committed whether intentional or unintentional and is not a
defence to say that you didn’t know. Now contempt can be committed in two ways and that is to say, contempt in facie curiae and ex facie curiae. However, contempt in facie curiae is committed inside the Courtroom during Court proceedings and contempt ex facie curiae can be committed outside the Court.

For example, when we the law student go to visit Court to observe Court proceedings, there is a need for you to know that making noise or disrupting the Court proceedings you can be held liable for contempt with regards to contempt in facie curiae.

Contempt in ex facie curiae this is where publishing matters which may prejudice the right of fair trial or criticism of Judges which may undermine public confidence in the Judicial system. Moreover, in the case of In Re: Effiduase Stool Affairs (No.2); Ex Parte Ameyaw 114, Acquah JSC (as he then was) gave an apt summary of the definition of contempt.

He said: “In brief, contempt is constituted by any act or omission tending to
obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.” In Antwi versus Amponsah and Another, it held by OLLENNU, J that, to constitute a contempt of court the act or conduct complained of must be of such a nature as could unduly interfere with the administration of justice, that is, such conduct will prevent the court from exercising its jurisdiction, or as will make its decision tantamount to a miscarriage of justice.

Care need to be taken when dealing with contempt of Court as a law student or even nonlawyers as well as an ordinary citizen. Because contempt of Court as it punishable by the court of law in Ghana. Again, in The Republic versus Bank of Ghana and 5 Others; Ex Parte Benjamin Duffour, delivered on June 6, 2018 the apex Court speaking through Baffoe-Bonnie, JSC stated that: “A respondent to a contempt proceeding may be found guilty in many ways.

The party may be found guilty of direct contempt or indirect contempt which may
be proved depending on the facts of the case in several ways. The proof of direct contempt seems not to be as burdensome as proof of indirect contempt. In most cases direct contempt such as insulting the judge or a party to a proceeding, or committing acts of violence in court, the judge has the advantage of having a firsthand view of the act constituting contempt.

The opposite can be said of indirect contempt where the Court will have to rely on the testimony of third parties to prove the offense of contempt”. In the case of Abu Ramadan & Nimako (No.4) v Electoral Commission & Attorney General (No.4)7
it was established that a person could be guilty of contempt of Court even if the comment is not made in the face of the court.

It is still considered a contempt of court in facie curiae by the fact that was on television and some of the judges saw it. The contemnors were convicted and sentenced. Also, it is no defence to a charge of contempt for a party to prove he did not intend to commit contempt of Court. In Republic v Moffat; Ex parte Allotey, it was held by the Court that any conduct which tends to bring the authority and administration of the law into disrespect or to interfere with any pending litigation is contempt of court.

Once the respondent became aware of the pendency of the motion before the High Court, any conduct on their part which was likely to prejudice a fair hearing of that motion or interfere with the due administration of justice amounted to contempt of court. Jurisdiction is only the Superior Court of Judicature that is having a jurisdiction with regards to contempt of court in Ghana? Per Article 126 (2) of the 1992, Constitution which provided that “The Superior Courts shall be Superior courts of records and shall have the power to commit for contempt to themselves and such powers were vested in a court of record immediately before the coming into force of this Constitution”.

Defences

One can be said not to be liable for contempt of court by relying on the fact that, his conduct or act does not amount to contempt of court since his act or conduct is not disobeying the Court order. Again, the defendant can also rely on the fact that his act does not interfere the administration of justices see in the case of LuGuterah versus Northern Engineering Co., Ltd and Others, it was held by the High Court in Tamale that, the conduct of the respondents and their legal adviser constituted contempt of court because it was calculated to bring the administration of the law into disregard or disrespect.

However, they would not be punished for contempt because there was no proof that the contempt was willful in the sense of not having been accidental and unintentional. Hence once the defendant can rely on the fact his conduct
does not calculate to bring the administration of the law into disregard.

Counter claims/contending

It is the duty of the Superior Court of Judicature in Ghana to determine whether or not the conduct of the defendant does not constitute contempt with regards to disrespect. Once there is conduct amounting to contempt of court, absence of knowledge of the pendency of proceedings before the court is immaterial, in case of Republic v Moffat; Ex parte Allotey supra applied. In cases where the defendant disrespects a judge or insult a judge, in that case the defendant can rely on the fact that the judge should set- aside with regards to the hearing of his contempt case because of breach of Natural Justice.

The position of Law

The law is that contempt of court in Ghana is Punishable by the Superior Court of judicature. The fact that we now know that it is immaterial to say you didn’t your act or conduct can constitute contempt of Court. It is clear from the above legal authorities how someone can be held liable for contempt with regards disobeying the order and many more. See in Balogun v. Edusei11, in that case, it was held inter alia, that since the respondents knew that the court had made an order for service on them, the actual service of the said order was not necessary before there could be a committal for contempt.

If Cephas had no knowledge of the pendency of any case or motion, absence
of such knowledge could not be a defence, if his conduct was in fact in contempt of court. Lack of knowledge of the pendency of the said motion could only be taken into consideration when passing sentence. To conclude, we should try as much as we can to avoid contempt case against our family and friends and so-called politicians with regards to their comments or conduct. Thank you for reading and I am available for further interactions and your legal contributions.