Tema Mayor convicted for contempt
The Mayor of Tema Metropolitan Assembly (TMA) Mr Felix Mensah-La has
been found guilty for contempt by an Accra High Court for issuing a
public notice for the demolition of structures at the Sakumono Ramsar
site despite a court injunction.
The TMA Mayor was cautioned and ordered by the Court to within 14
days issue another notice “retracting what you have published in the
same Daily Graphic.”
The order came after the court presided over by Justice Kweku Tawiah
Ackaah-Boafo had found Mr Mensah-La guilty of contempt and was slapped
with a cost of GHc2,500 in favour of the applicant who owns a property
at the Ramsar site at Sakumono.
Mr Mensah-La who is the Metropolitan Chief Executive of TMA was said
to have sanctioned a public notice to demolish building and structures
on the face of a pending order and his decision “was unlawful and
flagrant violation of the court order dated June 20, 2014.”
The court said it is worth noting that, it is not the business of
litigants and their counsel to determine which orders or processes of
the court are lawful and deserving of obedience and which laws must be
disobeyed.
Ruling
Prior to founding him guilty of contempt, the court said the
respondent – the MCE of TMA – is the official head both politically and
administratively of the assembly and therefore could be held liable for
the act of “commission or omission of the assembly.”
The bone of contention in the application before the court was
“whether or not the respondent disobeyed the orders of injunction by
carrying out or caused to be carried out act alleged by the applicant in
the case.”
Based on evidence before the court, it said it has no difficulty in
dismissing the respondent averment, alleging that he was not aware that
there has been an order of injunction against the assembly.
The court said, even though it was the contention of the respondent
that he assumed the position of the MCE only a few months ago, his
argument that he was not privy to the order is “as attractive” but they
were misconceived.
Justice Ackaah-Boafo said explained that the said appeal was filed
by the same lawyer Emmanuel Avenyogbor who works at the legal department
of the TMA and therefore such submission is inaccurate on the face of
the law.”
Hiding behind ignorance
According to the court, the MCE cannot hide behind the submission
that he was not aware of the case because the TMA solicitor before he
came in was on leave and therefore had known knowledge of that, but the
court described his argument as “unworthy of consideration” and
therefore rejects it.
The court said, the respondent himself admitted that there is a high
court order for injunction in favour of the applicant, restraining the
TMA and other respondents in that suit, and also “does not also deny
that the TMA which he heads filed an appeal against the order and same
is yet to be determine by the court of appeal.”
Justice Ackaah-Boafo added that, the respondent has submitted that
the publication was made against ‘Mounting Destruction against the
Sakumor Ramsar Site” to preserve Ghana’s international reputation under
LI1659.
Issue to determine
The court was to ascertain whether there is a restraining order
against the TMA headed by the respondent from doing something” in this
case from pulling down any structures or houses within the landsite and
from using land guards and other person or persons from disturbing the
occupants of the land pending the determination of the suit.
The court held that, the publication undermines the authority of the
court because while the buildings may not have been pulled down, the
publications can speak eloquently in plain language that it would have
been done without further notice to the applicant and the owners whose
development the court “injunction order protects.”
Justice Ackaah-Boafo said form the tenure of the respondent’s
affidavit in opposition, it is clear that the respondent takes the
position that because the TMA has a mandate to develop the metropolis,
it has the legal right to proceed notwithstanding the order of the
court.
And that, so long as the order of injunction issued by the court
remains and has not been set aside or vacated, it is bidding on all
persons and entities required by law to obey.
In the courts opinion, it said it is a dangerous position to take
because, the respondent by that deposition is saying the court order
cannot be the impediment to the TMA developmental agenda and therefore
it does not respect it.
Source: Starrfmonline.com
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