Lighthouse Chapel International (LCI), has filed another suit against Manasseh Azure, Edwin Appiah, Sulemana Braimah and Media Foundation for West Africa, this time citing them for contempt of court.
The application for contempt of court filed by the Church avers that the respondents published “highly prejudicial articles and commentaries” as well as made “conclusive statements of facts on unresolved issues which are yet to be determined by the High Court.”
The motion which was filed by Kweku Paintsil of Goshen Chambers on behalf of the church is urging the High Court to commit the respondents to prison for contempt of court for the publications.
LCI’s application for contempt of court against Manasseh and the other defendants stems from separate suits initiated by six former pastors of the church over Social Security and National Insurance Trust (SSNIT) contributions.
They are also seeking a compensation to cover some alleged investments they made in schools, churches of the LCI and for rental of cars while in the service of LCI as well as monies they spent on accommodation.
three of the articles which are the subject matter of the contempt application are titled “Darkness in a Lighthouse” and were published on 23rd, 27th and 29th April 2021. Another article titled “Lighthouse begs for more time to file defence” was published on 25th May 2021. Two of the articles which were published on 25th and 26th August 2021 are titled “Lighthouse pastors were not employees-SSNIT rules” and “EVIDENCE: how Lighthouse Chapel incriminated itself but SSNIT looked away” respectively.
Contempt Affidavit
The affidavit in support of the application for contempt avers that while the suits by the six pastors were pending and even before the Church could file its defence, ‘The Fourth Estate’ website operated by the defendants published the substantive issues for trial which defamed the Church and were “highly critical, prejudicial and judgemental”.
It says the said publications which were serialised on April 23, 27 and 29, 2021, under the banner headline ‘Darkness in a Lighthouse’ portrayed the former pastors as victims whiles it made the Church the villain and guilty of all the allegations contained in the suit.
The contempt application averred that the publications complained of were republished at least 37 times on the respondents’ Facebook walls and Twitter accounts “and generated thousands comments and shares on Facebook and other social media platforms.”
“Indeed, in “The Fourth Estate” edition of 25th May, 2021 , the Respondents published another bold headline article entitled “Lighthouse begs court for more time to file defence”, which constituted the clearest evidence of the Respondents’ knowledge of the steps taken by the Applicant to defend those suits, including the particulars of facts to be relied upon”, the application states.
Denied Allegations
It further states that the respondents were “keenly aware of the fact that by the manner of the Applicant’s denial of the factual allegations constituting their respective causes of action, issues were joined between the parties to the suit on all the material facts that formed the basis of the Plaintiffs’ claims, thereby making the Court the only proper arbiter to resolve them.”
Again, the application avers that the respondents “by reason of their experience and train ing , the Respondents were under obligation not to comment on the parties’ pleadings or cause any publication to be made on the pleadings which would prejudice a fair hearing of the suits or cause an undue prejudice in the mind of the public regarding which party was right or wrong.”
Judgemental Publications
The application went on to list a series of publications relating to the suit filed by the six former pastors of LCI which the Church contends that they are prejudicial and judgemental.
The application states, for instance, an August 25, 2021, a publication which purported to analyse evidence presented by the former pastors to Social Security and National Trust (SSNIT) and made conclusive pronouncements on them that there is an employer/employee relation between the Church and the former pastors.
“Further, in the issue of “The Fourth Estate” dated 26th August, 2021, the Respondents caused to be published another article under the bold headline “EVIDENCE; How Lighthouse Chapel Incriminated itself but SSNIT looked away”, being a continuation of the analysis in the previous article tending to show not only that the Applicant was being assisted by SSNIT to avoid an obligation owed to the Plaintiffs in the six suits, but that the Applicant had committed a criminal offence in the process”, the application avers.
The application states that following the publication of the articles, LCI considered itself defamed and proceeded to court to file a suit against Manasseh and the other respondents.
“The Respondents were served with copies of the defamation suits on 20th December, 2021, and appearing to be incensed by it and/or with a view to demonstrating to the High Court that there could be no lawful limits to the way they practice their brand of journalism, threw all caution to the wind and defiantly republished the First ,Second and Third Publications on their Facebook walls on Christmas Day 25th December, 2021 and, thereby, regenerated a fresh heated public debate and public discussion on the six suits pending before the Honourable Court”, the application alleges.
The application indicates that between December 29 and 31, 2021, the respondents reposted the articles complained about on their personal Facebook walls as well as that of ‘The Fourth Estate’.
LCI states that “whiles the said articles purport to be a reproduction of the contents of the writs and statements of claim in the said six suits against the Applicant, the publications were and are indeed highly sedated with the Respondents’ biased commentary and factual allegations not borne out of the pleadings, but the Respondents’ own invention of facts alleged to be sourced from the said Plaintiffs.”
Again, the application avers that the said publications and republications have since received a very agitated, vibrant and enthusiastic re-publication, both in Ghana and worldwide and generated thousands of degrading comments against the Applicant and its founder on Facebook, Twitter, YouTube and many WhatsApp platforms.
Media Trial
“The Applicant is advised that by such conduct, the Respondents have arrogated to themselves the power of the High Court to make conclusive findings of fact and pronouncements and have themselves passed judgments on issues which are yet to be determined by the Court, effectively conducting a media trial in favour of the said plaintiffs against the Applicant herein.”
“That by such posturing , the Respondents have prepared the mind of the public in only one way or so poisoned the minds of the public with the Applicant’s alleged wrongdoing and guiltiness such that if the trial or trials were to end in the Applicant’s favour, the public would be most surprised and shocked and conclude, not only that justice has not been served, but the courts themselves have been compromised to deliver judgment in the Applicant’s favour.”
The application further avers that “the publications and defiant republications of these articles by the Respondents has brought the administration of justice into disrepute and highly undermines the authority of the Honourable High Court in the eyes of the general public in whose name the Court dispenses justice.”
Punishment Sought
It concluded that the respondents will continue to bring the administration of justice into disrepute by conducting a media trial in favour of the said plaintiffs and arrogating to themselves the powers of a High Court unless severely punished by the court.
“The Applicant is advised that the Respondents aforesaid conduct amounts to serial contempt in the highest degree, considering especially the repeated and defiant republications and are accordingly liable to be convicted for contempt of court, without the option of a fine, but a custodial sentence,” the application added.
The application is scheduled for January 31, 2022.
BY Gibril Abdul Razak