Contempt of court, “maintain status quo”

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Contempt of court, “maintain status quo” – GBA

Details: Parent Category: Main; Category: Briefs & Memos; Created on Wednesday, 10 July 2013 00:00; Hits: 2685

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Contempt of court, “maintain status quo” – GBA

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The Ghana Bar Association (GBA) on Tuesday declared that the status quo on criminal contempt of court should be maintained.

It said there is the need to educate the media and the public on what the principles underlining free speech, responsibility, the work of the courts and the generality of citizen rights.

Mr Anthony Forson Junior, Public Relations Officer (PRO) of the GBA made the remark in Accra, at a public forum organised by the Centre for Democratic Development (CDD) – Ghana in collaboration with the Media Foundation for West Africa (MFWA) and the National Media Commission (NMC).

“Any keen watcher of the courts will realize that the constitutional power to punish for contempt found in the entrenched provision of Article 126(2) of the 1992 Constitution would come to the conclusion that the power to commit for contempt is sparingly used.

“So far it cannot be said that that power has been abused by the judiciary,” he said.

The PRO cited that in the case of the Republic versus Mensah-Bonsu the Court warned itself in several places in the 102 pages of the judgment of the need to use the power in a restrained manner in order not to stifle free speech.

Citing other rulings on criminal contempt, he noted that criticism must be aimed at advancing the law or improving the society.

“Some have said that the procedure adopted by the Supreme Court offends the principle normally expressed in the Latin maxim: “nemo judex in causa sua,” meaning no man shall be a judge in his own cause.

“We respectively disagree. What the judges did was not to protect their interests but rather the institution of the judiciary.

“My attention has been drawn to the abolition on the offence of scandalising a court in a 2012 Act in England. It is our considered opinion that our democracy has a lot of catching up to do by way of education to be able to stabilise itself before considering such a move,” Mr Forson Jnr stated.

He said: “It is our considered view that even though the generality of the people may mean well the society ought to be protected against the few who at every turn would want our beautiful country to be a lawless one.

He urged those who were against the criminal contempt status quo to petition the Supreme Court; to decide on its constitutionality.

Mr Kabral Blay –Amihere, Chairman of the NMC said the media has a duty to preserve the unity and peace of the nation through unbiased coverage of proceedings in such a manner that does not make the media judges in a matter that could only be determined by the Supreme Court.

Other speakers at the forum include Professor Audrey Gadzekpo of the School of Communication, University of Ghana; Prof Emmanuel Gyimah-Boadi, Executive Director of CDD-Ghana; Prof Kwame Karikari of MFWA, and Mr Kissi Adjabeng, a lecturer at the Faculty of Law, University of Ghana.

The forum on the theme: “The courts, free speech and judicial accountability in a democracy: defining the boundaries,” was patronised by journalists, members of the diplomatic corps, civil society organisations, among others.

Source: GNA