A Bolgatanga High Court has convicted two persons for contempt of court for wilfully disobeying an injunction order restraining them from performing the final funeral rites of a late chief and from enskinning Mr Afaa as chief of Biu.
The contempt application, filed by Naba Clifford Tandagre Wongrekugre, the Paramount chief of the Kologo Traditional area and supported by Naba Akantanba Ninga II, followed the June 20, 2025, interim injunction secured against Joshua Akuntaba Afaa and Mr Ananga Augustine.
The order barred them, their agents, and representatives from conducting funeral ceremonies of the late Afaa Akankuba and from installing Mr Afaa as Biu chief.
The court said, despite being duly served, the respondents went ahead on June 21, 2025, to organise ceremonies, during which Mr Afaa was symbolically dressed and outdoored as chief, in defiance of the injunction.
Delivering judgment, His Lordship Justice Ernest Pascal Gemadzie, Justice of the High Court, dismissed preliminary objections raised by counsel for the respondents, who had argued that the contempt application was incompetent for lack of a penal notice.
The court held that once the respondents knew about the injunction, disobedience constituted contempt.
Justice Gemadzie observed that while the affidavit evidence tendered had limitations, the respondents’ own admissions confirmed they had knowledge of the injunction but deliberately failed to comply.
He described the conduct of Mr Augustine, the then secretary to the Biu Traditional Council, as negligent and disrespectful, since he failed to notify the regent, landlords, and kingmakers after receiving the order.
The judge also held that Mr Afaa, though not personally served, acquired actual knowledge of the order on June 20, yet allowed himself to be outdoored the following day in breach of the injunction.
Quoting case law, Justice Gemadzie stressed that courts must protect their authority and dignity, and any wilful disobedience undermines public confidence in the administration of justice.
Both respondents were accordingly convicted of contempt of court.
Before sentencing, counsel for the convicts pleaded for leniency, citing their status as first-time offenders.
In response, Justice Gemadzie ruled out imprisonment or a fine, noting that in the interest of peace and reconciliation, justice should be tempered with mercy.
The court instead directed the convicts to execute a recognisance bond to be of good behaviour and keep the peace for six months.
The judge further cautioned that the judgment should not be used as a “victory flag” by any party but as an opportunity to foster peaceful coexistence in the Biu community.
Naba Clifford Tandagre Wongrekugre, the Paramount chief of the Kologo Traditional area, commenting on the ruling, lauded the High Court’s decision, stressing that it was necessary to restore order and respect for traditional authority in the area.
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