The High Court in Accra has rescinded its bench warrant issued for the arrest of the Director Generals of the Criminal Investigation Department(CID) and the Legal and Prosecution unit of the Ghana Police Service for failing to appear before the Court for Contempt.
This was after the Police leadership through Superintendent Sylvester Asare, head of the Legal and Prosecution, appeared in Court on Wednesday, April 17, to apologize to the Court for their inability to show up in Court previously.
He also told the court that, the vehicle in question had been released to the Applicant yesterday, (Tuesday, April 16), as a measure to purge themselves of the contempt.
The High Court on April 15, last Monday, issued a bench warrant for the arrest of the Director General (DG) of the Criminal Investigation Department (CID) of the Ghana Police for failing to appear in Court for Contempt.
The orders of the Court also directed the arrest of the DG of the Legal and Prosecution Unit of the Ghana Police Service.
This was after the Court held that the two who are respondents in an application filed by Sureword Global Outreach for an order for the respondents to release a vehicle with registration number GN2925-20 to the applicant have “blatantly refused” to appear before the Court.
In Court on Wednesday, April 17, Justice Lydia Osei Marfo while rescinding the bench warrant said an institution like the police should uphold the rule of law at all times.
“Therefore, if they fail to uphold the rule of law by disrespecting the orders of the court would be pushed to call them to order,” she stated.
Police apology
Supt. Asare who represented the Respondents as Counsel rendered an unqualified apology to the Court for the incident that led to the issuance of a bench warrant.
“Respectfully my lady, first and foremost, I humbly want to render an unqualified apology for and on behalf of the Respondents (Director Generals of CID and Legal and Prosecution) for their inability to appear before this Court as directed by the Court which warranted the issuance of a bench warrant,” he submitted.
According to Supt. Asare, it was not the intention of the Respondents to disobey the orders of the court but their inability to be present was due to a mix-up.
“I want to bring it to the notice of this court that it is not the intention of the Respondents herein to disobey the orders of this court,” he added.
“In fact, it has never been the characteristic of the Respondents at all, saved to say that, the Respondents never had notice of proceedings in this court,” he stated.
“Therefore, we apologise for the mix-up.”
Media information
Supt. Asare submitted that the Respondents only got knowledge of the case in the media after it was reported on Monday.
“Be it that it may, upon hearing of the proceedings in the media, I quickly called the counsel for the Applicant and he came to my office and as we stand here this morning, (Wednesday), I want to tell this court that the matter has been resolved and the vehicle in question has been released to Counsel for the Applicant yesterday (Tuesday).”
“We deem it necessary to bring this latest development to the notice of this court and also to demonstrate that the Respondents at all material times will obey and adhere to orders of this court,” Superintendent Asare submitted.
Confirmation
Counsel for the Applicant Abraham Arthur, confirmed to the Court that, the vehicle which forms the basis for the contempt has been released.
He expressed commendation to Justice Lydia Osei Marfo for the bold action to issue an arrest warrant against the top police officers.
“We agree with submissions of Counsel on the other side (Respondents),” and confirmed to the Court that, the vehicle has been released to his client.
Incontrovertible evidence
Justice Afia Serwah Asare-Botwe, the presiding judge, said there was incontrovertible evidence that, the Respondents in the matter were served with all proceedings of the hearings.
“The truth of the matter is that there is incontrovertible evidence that the Respondents were served with all the proceedings of this court at various stages of proceedings,” Justice Marfo said.
She added that the secretaries of the (Inspector General of Police) received all the proceedings and in law “it is a good service.”
The Judge said, “The Respondents are deemed to be officers and law enforcement,” adding that, “they are major stakeholders of policing in this country.”
Call to order
Justice Marfo said, for the purpose of ensuring the rule of law, the Court would be compelled to call the police to order if they fail to uphold the rule of law.
“Therefore, if they fail to uphold the rule of law by disrespecting the orders of the Court, the Court would be pushed to call them to order,” the Court said.
She added “After all, the law says nobody is above the law,” before describing what happened as “very unfortunate.”
The Court said, but for the publication in the media, the Respondents would not have appeared before this court, to buttress her point.
Justice Marfo before rescinding the bench warrant said, “It is hoped that this occurrence will not happen again.”
“Be that as it may, the Respondents have purged themselves from the contemptuous act and therefore the court will forgive their trespass. This being so, the application becomes moot, and same is struck out as settled,” Justice Marfo ruled.
Source: Starrfm