Nii Osah Mills
An Accra High Court (General Jurisdiction) has convicted Nii Osah Mills, immediate past Minister for Lands and Natural Resources, to a fine of GH¢5,000 for contempt, to be paid in seven days.
The court, presided over by Novisi Afua Aryene, also convicted Dr. Wilfred Kwabena Anim–Odame, Executive Secretary of the Lands Commission, to a fine of GH¢5,000 for the same charge and freed one Clement Gyato, a businessman.
The two were convicted for disobeying an order of the court not to develop a piece of land which was a subject of litigation before the court.
In the case of Gyato, the court in its ruling held that it did not find sufficient reason to convict him because he (Gyato) was not aware of the said order dated April 2005, breached by the contemnors.
He told the court that he got to know of the order only when the instant contempt application was filed and served on him.
Justice Aryene for this reason stated, “To be punishable, there must be contempt involving an intentional or willful disobedience of the orders of the court. With respect to first respondent (Gyato), the applicant has failed to discharge the onus of proof which in contempt cases is proof beyond reasonable doubt.”
The court continued, “The first respondent is accordingly discharged and I award cost of GH¢2,000 against applicant.”
Quoting page 459 of the Law of Chieftaincy in Ghana, the judge indicated that the court frowns on any attempt to undermine its authority, stressing that the law is the foundation upon which society relies to ensure social stability adding, “Therefore an attack on the law is a matter of public concern…the contempt of court concerns the enforcement of social values and the enforcement of the rights of parties.”
The court had ordered that nobody should develop the land acquired many years ago by the Ghana Civil Aviation Authority (GCAA) situated at La Nkwantan, near Adenta in Accra, until the determination of the case.
However, the ex-Minister of Lands acted contrary to the order by supporting Gyato to go onto the land and develop same with some two Chinese companies.
The Executive Secretary of the Lands Commission, who was aware of the development of the said land, also did not stop it.
Unsatisfied with the development of the land and after attempts to stop the development had failed, Nii Kpobi Tettey Tsuru III, Chief of La, together with officials of GCAA, went to court to initiate contempt proceeding against the three.
In his defence, Osah Mills stated that it was a Cabinet decision to go to the land, but the court held that the cabinet decision was not superior to a court of law.
By Jeffrey De-Graft Johnson
jeffdegraft44@yahoo.com