Accra, The Attorney General (AG) has appealed against a contempt conviction for Mr David Apeatu, the Inspector General of Police (IGP).
It also filed an application for stay of execution of the court’s decision.
It was adjourned to November 1, 2018.
Mr Godfred Yeboah Dame, a Deputy Attorney General told the High Court in Accra on Thursday that an interpleader to make a case that the police owned the property in dispute was also filed.
The State argued that, Justice Daniel Mensah, the trial judge committed an error when he failed to take into account the fact that none of the mandatory procedures required by the High Court (civil procedure) rules, 2004, C. I. 47 for enforcement of judgement or order for recovery of possession of immovable property had been compiled with the case at hand.
Giving the background of the case, the Court heard that on September 25, this year, the IGP committed contempt for disobeying court orders.
The judge took a view of the conduct of the head of police and said he must be sanctioned appropriately.
He stated that Mr Apeatu wilfully disobeyed two court orders that directed him to provide security for the execution of another court order that mandated the sale of a 12-block uncompleted flat at Redco at Madina in Accra.
The IGP failed to discharge the burden required to avoid a conviction and must be committed for contempt of court, Justice Mensah added.
The Court’s decision was based on an application for contempt of court filed against the IGP by Mr Samuel Aggrey and Mrs Augustina Gyekye.
Both of them had gone to court to state how the IGP did not comply with the Court orders on November 23, 2017 and February 20, this year, to provide protection for an auctioneer to sell the flats which belonged to them.
They argued that the IGP in disobeying the orders of the Court brought the administration of justice into disrepute.
The contempt case was as a result of a court dispute in 1988 between Redco Ghana Limited, former owners of the flats and the late Mrs Isabella Odi Aggrey, where she sued Redco for failing to pay an amount of money due her.
On February 23, 1993, she won the case at the High Court and the court ordered that the money be paid to her, but Redco failed, thus the Court ordered for the sale of the property for Mrs Aggrey to get her money.
Redco appealed at the Court of Appeal and later to the Supreme Court, but were dismissed.
Redco then gave the house to the Ghana police service instead of Mrs Aggrey or her family, therefore Mr Aggrey and Mrs Gyekye filed an application at the High Court for the police to vacate the flat and also helped to execute the High Court’s order for the flats to be sold under police protection.
The High Court ordered the IGP to provide security, but he did not comply and as a result, Lawyers of the two applicants filed another case citing the IGP for contempt.
The Attorney General argued that the property belonged to the Ghana Police Service and not Redco.
Source: Ghana News Agency