- The case was an appeal from a conviction for contempt of court, which was an offence under section 226 of the Criminal Procedure Code, 1960 (Act 30)¹.
- The appellant, Abdulai III, was the chief of Bole and a defendant in a civil suit concerning a land dispute. He was ordered by the High Court to produce certain documents relating to the land, but he failed to do so. He also failed to appear in court on several occasions, despite being duly served with summons¹².
- The High Court, per Aikins J., found him guilty of contempt of court and sentenced him to six months’ imprisonment. The court held that the appellant had deliberately disobeyed the court’s orders and shown disrespect to the administration of justice¹².
- The appellant appealed to the Court of Appeal, arguing that he had not been given a fair trial and that the sentence was excessive. He also claimed that he had not received the summons and that he had valid reasons for not producing the documents¹².
- The Court of Appeal, per Wiredu JA, dismissed the appeal and affirmed the conviction and sentence. The court held that the appellant had been given ample opportunity to defend himself and that there was sufficient evidence to prove his contempt. The court also held that the sentence was appropriate, considering the gravity of the offence and the need to uphold the dignity and authority of the court¹².
- The relevance of the case is that it shows how the legal system in Ghana deals with the issue of contempt of court, which is a serious offence that undermines the rule of law and the administration of justice. It also illustrates how the courts exercise their discretion in imposing sanctions for contempt, taking into account the circumstances of each case³.
(1) FRANCIS DEMU @ DIESEL, FULANI ABDULAI V. THE REPUBLIC. https://lite.judy.legal/amp/case/francis-demu-diesel-fulani-abdulai-v-the-republic-6f53.
(2) Abudulai Mohammed v. THE Republic – [1971] 1 G.L. 191 … – Studocu. https://www.studocu.com/row/document/ghana-institute-of-management-and-public-administration/law/abudulai-mohammed-v-the-republic/26109441.
(3) IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT ACCRA … – GHALII. https://media.ghalii.org/files/judgments/ghasc/2011/13/2011-ghasc-13_0.pdf.
(4) IN THE SUPREME COURT OF JUDICATURE – GHALII. https://media.ghalii.org/files/judgments/ghasc/2011/2/2011-ghasc-2.pdf.