Dorcas Toffey
Member of Parliament for Jomoro Constituency, Dorcas Toffey, appeared before the Sekondi High Court, Commercial Division yesterday after a bench warrant was issued for her arrest by the court.
The warrant followed her absence from the hearing of a contempt case against her last Monday morning.
The contempt case was filed against her by one Joshua Emuah Kofie from Nuba-Mpataba in the Jomoro Constituency when the MP allegedly failed to appear before the Registrar of the court, to produce documents evidencing her renunciation of Ivorian citizenship as ordered by a Sekondi High Court.
The case was scheduled to be heard on Monday, December 6, 2021. However, the MP who had already filed her response to the contempt, was absent and not represented by any of her counsel.
Lead counsel for the applicant, Frank Davies, therefore, prayed the court to issue the bench warrant for the arrest of the MP because he said she showed disrespect to the court by her absence.
Justice Sedina Agbemava, the presiding judge, subsequently issued the bench warrant for the arrest of the MP and adjourned the case until yesterday.
MP Appears
Following the issuance of the warrant, the MP was in court yesterday in the company of some of her NDC MPs including Emmanuel Armah Kofi Buah, (Ellembelle) and James Agalga (Builsa North).
Respondent’s Plea
During the brief proceedings, counsel for the respondent, Godwin Edudzi Tamakloe, who was also absent during the last sitting, prayed the court to rescind the warrant of arrest.
The court therefore, acceded to the prayer and rescinded its decision on the warrant issued for the arrest of the Jomoro MP.
The court then adjourned the case to February 16, 2022, for the substantive application for contempt to be moved.
Petitioner’s Affidavit
In his affidavit in support of the contempt case filed, the petitioner, Joshua Emuah Kofie, had noted that on June 22, 2021, a Sekondi High Court ordered the respondent, to, within 10 days, produce for inspection and copying of the renunciation certificate of her Ivorian citizenship or any document evidencing renunciation of her Ivorian citizenship.
He averred that before the expiration of the 10 days, the respondent appealed against the ruling of the court and followed it up with a motion for stay of execution pending appeal before the Court of Appeal in Cape Coast in the Central Region.
The petitioner noted that the Court of Appeal on July 26, 2021, unanimously dismissed the MP’s motion for stay of execution pending appeal.
The affidavit stated that with the view to obtaining compliance of the High Court ruling, the Registrar of the court served hearing notices on both parties to appear before him on September 23, 2021, for production, inspection and copying of the documents, as ordered by the High Court.
It indicated that the respondent failed or refused to turn up before the Registrar as summoned and has also failed to produce the document at any other forum for any inspection and copying as ordered.
The affidavit in support added that the respondent even did not dignify the court with a letter explaining her inability or unwillingness to comply with the order as if order ought to die a natural death.
“I believe the action by the respondent is deliberately calculated by her to tell the entire world that she has absolutely no regard for the authority of the court,” the petitioner stated.
The petitioner therefore, prayed the court to commit the respondent for contempt of court to deter her and the public at large, for any such acts that undermine the authority and dignity of the court.
Affidavit In Opposition
In her affidavit in opposition, challenging the contempt action, the Jomoro MP had indicated that the applicant had failed to demonstrate any conduct on her part that which constituted contempt of court in terms of prejudicing or impending proceedings before the court.
She said she had so much respect for the honourable court and that she would not do anything to bring the administration of justice into disrepute, public ridicule or opprobrium.
She stated that her inability to be present in court as directed by the Registrar could not be construed as not dignifying the court.
“I was attending to Parliamentary duties and out of inadvertence could not inform the Registrar of the court of my inability to be available for inspection of documents,” she stated in her affidavit in opposition.
She added that her appeal and subsequent application for stay of execution against the order of the High Court at the Court of Appeal was the intervening factor in terms of not complying with the order of the court within the 10 days period, saying “and that it is never deliberate or intentional on my part to bring the administration of justice into disrepute.”
“As a member of the legislature which is a coordinate arm of the government, I will not do anything that will undermine or seek to undermine the judiciary,” she had added.
She, therefore, prayed the court that the application should not be granted in the interest of justice.
Another Issue
Meanwhile, a Sekondi High Court presided over by Justice Dr. Osei-Hwere has also set December 20, 2021 to rule on an application filed by the Jomoro MP to make some amendment in her affidavit in the original substantive case.
Joshua Emuah Kofie is challenging Dorcas Toffey, to produce evidence of her renounced dual citizenship in court.
According to the applicant, the MP was not qualified to contest as the people’s representative in the country’s legislative assembly as at the time she was going into the contest in 2020.
From Emmanuel Opoku, Sekondi