Supreme Court quashes contempt conviction of Talensi Chief, Council Secretary

Ghana's Supreme Court has nullified a contempt of court conviction against the Chief of Baare, Naab Nyakora Mantii, and Richard Sunday Yinbil, Secretary to the Talensi Traditional Council. The ruling unanimously quashed the Bolgatanga High Court's proceedings from March 10, 2023, which had led to their conviction.

The conviction stemmed from the two men seeking an audience with Justice Alexander Graham in his chambers to deliver an invitation from the Paramount Chief of the Talensi Traditional Council. Justice Graham interpreted this act as contemptuous, believing it was an attempt to influence his decisions in ongoing court cases involving parties from the Talensi area. He subsequently ordered their immediate arrest and conviction.

Lawyers representing the convicted men argued for leniency, highlighting that they were first-time offenders. Following their conviction, they were ordered to sign a six-month bond of good behavior. The Talensi Traditional Council later issued a statement clarifying that the invitation was intended to foster the working relationship between the judiciary and the council, not to influence judicial proceedings.

In its decision on an application for certiorari, the Supreme Court declared the entire proceedings of the Bolgatanga High Court void and without legal effect. The apex court stated that the applicants were not afforded the necessary notice to respond to any contempt allegations, thereby denying them the procedural fairness required in such cases. This ruling effectively overturns their contempt convictions.

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The Court has read all the documents filed in this application and has listened to counsel’s submissions. The Court finds that the whole proceedings of the Court in Bolgatanga were void, having regard to the fact that the applicants were not given the required notice to answer any allegation of contempt.