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REPUBLIC V. ALBERT EKUBAN EXPARTE FRANCIS BEKOE

(2016) JELR 107670 (HC)

High Court  •  SUIT NO: CR/523/2016  •  8 Dec 2016  •  Ghana

Coram
KWEKU T. ACKAAH-BOAFO

Judgement

DECISION 

APPLICATION FOR COMMITTAL FOR CONTEMPT 

Introduction

[1] The power of the High Court to punish for contempt is provided in Articles 19(12) and 126  of the 1992 Republican Constitution of Ghana, and re-enacted in S 36 of the Courts Act, 1993 (Act  459) as amended; S10 of the Criminal Offences Act, 1960 (Act 29) and Order 50 of the High Court (Civil Procedure) Rules, 2004 (CI 47). Order 50 of CI 47 sets the parameters by which an  Applicant may move the court for an order for an attachment for contempt of court. 

[2] It is instructive to note that Article 19 Clause 11 of the 1992 Constitution provides and  emphasizes that no person shall be convicted of a criminal offence unless the offence is defined  and the penalty for it is prescribed in a written law. However, the same Constitution, Article  19(12) empowers the court to punish for contempt notwithstanding that the act or omission  constituting it is not defined in a written law and the penalty thereof not so prescribed.  …

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