Ramadan and Another Vrs Electoral Commission and Another [2016] GHASC 48 (27 July 2016)

Ramadan and Another Vrs Electoral Commission and Another [2016] GHASC 48 (27 July 2016)

The contemnors' statements and conduct constituted a gross and calculated attack on the Judiciary, undermining public confidence and the administration of justice, and thus warranted the exercise of the court's power to punish for contempt to protect judicial independence and the rule of law.

Citation
[2016] GHASC 48
Parties
Applicant: Abu Ramadan; Applicant: Evans Nimako; Respondent: Electoral Commission; Respondent: Attorney General; Contemnor: The Owner of the Station – Montie FM; Contemnor: Salifu Maase @ Mugabe; Contemnor: Alistair Nelson; Contemnor: Godwin Ako Gunn
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 July 2016
Procedural Posture
Civil Motion / Ruling on Sentencing After Conviction for Contempt
Outcome
Contemnors sentenced for contempt of court.
Legal Topics
Contempt of Court, Freedom of Expression, Judicial Independence, Corporate Liability
Source Language
English
Constitutional Law Media Law Criminal Law Contempt of Court Freedom of Expression Judicial Independence Corporate Liability

Case Brief

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Parties

Abu Ramadan

Applicant

Evans Nimako

Applicant

Electoral Commission

Respondent

Attorney General

Respondent

The Owner of the Station – Montie FM

Contemnor

Salifu Maase @ Mugabe

Contemnor

Alistair Nelson

Contemnor

Godwin Ako Gunn

Contemnor

Procedural Posture

Civil Motion / Ruling on Sentencing After Conviction for Contempt

Legal Issues

  1. 1 Whether the contemnors' statements and conduct amounted to contempt of court
  2. 2 Whether the court should exercise its power to punish for contempt in the circumstances
  3. 3 The extent of corporate and individual liability for contempt committed via media broadcasts

Ratio Decidendi

The contemnors' statements and conduct constituted a gross and calculated attack on the Judiciary, undermining public confidence and the administration of justice, and thus warranted the exercise of the court's power to punish for contempt to protect judicial independence and the rule of law.

Court Disposition

Contemnors sentenced for contempt of court.

Orders

  • Contemnors are sentenced for contempt; specific sentences not detailed in the ruling extract.