A Kumasi High Court presided over by Justice Ali Baba Abature on Monday convicted four members of the Kumasi Club, one of the oldest social clubs in the country, of contempt.
The court sentenced them to two weeks in prison but an instant application for a review of the custodial sentence by their lawyer, Asante Krobea, was upheld by the court and, as a result, they were fined a total of GH¢24,000 or in default spend jail term.
Those convicted included Kwame Brenyah, Norman Owusu Barnie, Charles Asabere and Henry Asumadu.
According to the charges, the four were found to be in contempt of the court for going ahead to hold a meeting of the club when a case challenging their capacity as leaders of the club was pending before the court.
In his application for the review of the sentence, Mr. Krobea said that one of the convicts was incapacitated while the other was also very old, and against the backdrop of increase in the rate of Covid-19 infections, it was not prudent to impose a custodial sentence.
Counsel for the applicants, Justice Abdulai, had opposed the application for review of the custodial sentence and had even urged the court to increase it.
However, Justice Abature said he was showing leniency and accepted the request of the defence counsel.
In March, this year, some of the members applied to the High Court to cite the four for contempt for failing to wait for the outcome of a pending case before the court which is challenging their positions as directors of the club.
The convicts, in spite of the pending case, went ahead to hold a meeting to remove the applicants as directors of the club.
Justice Abature said in his ruling that “it is in the general interest of members of the community that the authority vested in the court to protect them is not trampled upon. Any act which, therefore, seeks to emasculate the authority of the court should not be countenanced. The members of the community must at all times have confidence and hope in the authority of the court to deliver justice.”
He further stated that contempt of the court is meant to prevent unjustified interference in the authority of the court, saying “it is not to protect the dignity of anyone individual but the overall dignity of the justice delivery machinery.”
He said once the respondents were aware of the pending action they needed to respect the court and proceed to hold a meeting as they did.
“Consequently, the respondents have been convicted of contempt of court and accordingly fined 500 penalty units each or in default two weeks imprisonment to serve as a deterrent to others,” he ruled.