By: Alexander Afriyie
In Ghana, contempt of court is a serious offense that undermines the authority and integrity of the judiciary. The Constitution empowers Superior Courts to punish contempt, but this power has sparked debates about fairness, impartiality, and potential conflicts with constitutional principles.
The Principle of Contempt
Contempt of court refers to behavior that disregards the authority of the court or interferes with its proceedings. Ghana’s laws on contempt are rooted in common law and the 1992 Constitution, which grants Superior Courts the power to punish contempt to uphold their authority and integrity. There are two types of contempt: direct contempt, which occurs in the courtroom, and indirect contempt, which occurs outside the courtroom.
Constitutional Framework
Article 126(2) of the 1992 Constitution grants Superior Courts the power to commit for contempt “to themselves.” However, this provision has been interpreted as empowering a Superior Court to cite contempt, not necessarily adjudicate it. The Constitution also guarantees the right to a fair hearing and prohibits arbitrariness, which raises questions about the fairness of contempt proceedings.
Conflict with the Constitution
The practice of Justices adjudicating contempt cases arising from their own proceedings has been criticized for breaching the principle of “nemo judex in causa sua” (no one should be a judge in their own cause). This principle is a cornerstone of natural justice, ensuring that judicial proceedings are free from bias and impartiality. When Justices adjudicate contempt cases emanating from their own proceedings, it can create a conflict of interest and undermine the integrity of the judiciary.
Fairness and Unfairness
The current framework governing contempt proceedings in Ghana has been criticized for lacking procedural safeguards to prevent conflicts of interest. To address this issue, it has been proposed that contempt cases be reassigned to sister courts for adjudication by independent Justices. This approach would help ensure impartiality and fairness in contempt proceedings.
Reforms and Proposals
To align Ghana’s contempt adjudication practices with natural justice rules, several reforms have been proposed ¹:
– Legislative Amendments: Amend Order 50 of the High Court Civil Procedure Rules to explicitly prohibit Justices from adjudicating contempt cases emanating from their own court proceedings.
– Binding Practice Directions: Issue practice directions mandating the automatic reassignment of contempt cases to another Justice or panel with no prior involvement in the underlying matter.
– Interim Measures: Refer contempt cases for reassignment to sister courts for adjudication by independent Justices as an interim measure.
By implementing these reforms, Ghana’s judiciary can promote fairness, impartiality, and integrity in contempt proceedings, ultimately strengthening public confidence in the judicial system.