This case revolves around a chieftaincy dispute in the Biu community, within the Kologo Traditional Area of Ghana. The crux of the matter lies in the defiance of a court injunction by Mr. Joshua Akuntaba Afaa and Mr. Ananga Augustine, who proceeded with the final funeral rites of the former chief and the subsequent enskinment of Mr. Afaa as the new chief, despite a court order explicitly prohibiting such actions. This act of defiance led to a contempt of court charge brought against them by Naba Clifford Tandagre Wongrekugre, the Paramount Chief of the Kologo Traditional Area, supported by Naba Akantanba Ninga II. The court’s interim injunction, issued on June 20, 2025, clearly restrained the respondents, their agents, and representatives from conducting these ceremonies.
The Bolgatanga High Court, presided over by Justice Ernest Pascal Gemadzie, meticulously examined the case. The respondents’ counsel raised preliminary objections, arguing that the contempt application lacked a penal notice and was therefore incompetent. However, Justice Gemadzie dismissed these objections, asserting that the respondents’ acknowledged awareness of the injunction was sufficient to establish contempt. He highlighted that while the affidavit evidence presented had certain limitations, the respondents’ own admissions confirmed their knowledge of the order and their deliberate decision to disregard it. This conscious act of disobedience constituted the core of the contempt charge.
The court’s judgment underscored the importance of respecting judicial authority. Justice Gemadzie criticized Mr. Augustine, then secretary to the Biu Traditional Council, for his negligence and disrespect in failing to inform relevant parties, including the regent, landlords, and kingmakers, about the injunction. Furthermore, the court determined that Mr. Afaa, although not personally served with the injunction, had acquired actual knowledge of it on June 20, 2025, yet proceeded with the enskinment ceremony the following day, thereby violating the court order.
The court emphasized the critical role of the judiciary in upholding the rule of law and maintaining public trust in the administration of justice. Justice Gemadzie cited established case law to reinforce the principle that wilful disobedience of court orders undermines the court’s authority and erodes public confidence in the judicial system. Consequently, both Mr. Afaa and Mr. Augustine were found guilty of contempt of court.
During the sentencing phase, the convicts’ counsel appealed for leniency, citing their clean records as first-time offenders. Justice Gemadzie, acknowledging this plea and emphasizing the need for peace and reconciliation within the Biu community, opted for a more conciliatory approach rather than imposing a fine or imprisonment. He directed the convicts to execute a recognizance bond, committing them to good behavior and the maintenance of peace for a period of six months.
The judge’s decision reflected a balanced approach to justice, tempering the need to uphold the authority of the court with the desire to promote harmony within the community. He explicitly cautioned against interpreting the judgment as a victory for any particular side, emphasizing its purpose as a catalyst for peaceful coexistence in Biu. Naba Clifford Tandagre Wongrekugre, the Paramount Chief of the Kologo Traditional Area, welcomed the court’s decision, highlighting its significance in restoring order and respect for traditional authority. The ruling serves as a reminder of the importance of adhering to legal processes and respecting court orders, especially in matters concerning traditional leadership and community governance. The judgment aimed not only to address the immediate contempt but also to foster a more peaceful and respectful environment within the Biu community moving forward.
