Ohiatua’s name intrigues me to no end. Her personality is another thing altogether. She is on the cute side of physique. On aesthetics, she may not win Miss World. But on authenticity, she can rub shoulders with the best and hold her own any day. She wears no masks and allows her tongue to carry her thoughts as and when she deems fit. Her effusions are no respecter of persons. One takes her as she finds her.
A few years ago, I heard of a certain young man called 'Abrↄ nyԑ.' I was immediately struck by the name, which loosely translates as ‘it doesn't pay to be evil.' He reminds me of Ohiatua in many aspects - not least, the uniqueness of his adopted name and his tendency to shoot from the hip. He takes no prisoners; his strategy is total annihilation. He commands a veritable list of the vanquished – politicians, religious leaders and counting.
As far as I can recall, curses from deities and high-powered anointed ones have done little to tame either of them. The single most striking difference between Ohiatua and Abronye is that, the former is an illiterate and the latter is an educated citizen and also occupies a high position in the New Patriotic Party.
There have been several reports on the recent arrest of 'Abrↄ nyԑ' (generally written as 'Abronye') for allegedly publishing news that have the potential to cause fear and panic. As the reports go, Abronye had used unpalatable words against a judge before whom he was being prosecuted, including liking the judge to a 'politician.' The judicial system, faced as it did with a choice between action and silence, chose the Police.[1]
The law on contempt of court is one that is well developed under the principles of common law.[2] Where a person conducts himself in a manner that is deemed to be in contempt of court, the court has power to cite the person for contempt. If the allegation is proven, the person may be committed for contempt under Civil Procedure rules. The punishment may be a fine or a term of imprisonment, depending on the severity of the allegation and whether the contempt is classified as civil or criminal. Whether the alleged contempt takes place in the courtroom or outside the court, the person could be summoned to appear before the court for contempt proceedings. Contempt proceedings, therefore, follow the procedure laid down for civil cases. It is not intended for criminal prosecution.
In the light of the above background, it is strange that the Police now resort to criminal proceedings under the so-called ‘fear and panic’ provision in the Criminal & Other Offence Act, 1960 when there are allegations that may constitute contempt of court. If a person appears before a court as a party taking part in proceedings and that person acts in a manner that brings the authority of the court into disrepute, the court must deal with the contempt proceedings that may arise therefrom. The Police have no business jumping into the fray to side-step the laid down rules of civil procedure on contempt proceedings and formulate criminal charges alleging ‘fear and panic’ as a pretext to arrest, detain and oppose bail application for the person involved.
When the Police use their powers of arrest and detention in respect of matters that bear the trappings of contempt, citizens would expect to see such arrests and detention culminating in full trial. If the razzmatazz should end after a publicised arrest and eventual bail without trial on the merits, the Police would gradually lose the weight of their summons in the eyes of the public. By the same reasoning, when the courts defer to the Police for relief against potentially contemptuous conduct and statements from litigants and other citizens, instead of exercising their own power to commit for contempt of court, that power may eventually lose its potency.
[1] According to media reports, he is already standing trial on one count of publication of false news and one count of offensive conduct conducive to the breach of the peace
[2] For a comprehensive discussion on contempt, see Francisca Serwaa Boateng, CIVIL PROCEDURE & PRACTICE IN GHANA (2023) p. 375 - 383
