Trade and Industry Minister K.T Hammond has been found not guilty of contempt by an Accra High Court.
The court explained that lawyers for James Gyakye Quayson had failed to produce evidence of what exactly the Minister said which amounts to contempt.
Mr. Quayson’s lawyers had asked the High Court to punish Mr. Hammond for saying James Quayson may as well leave Parliament since he would end up in jail. Mr. Hammond in an interview with Oyerepa TV compared Quayson’s case to that of former legislator Adamu Sakande.
“There is something we call precedent at the court. This is the same thing that happened with Adamu Sakande. He came to this House. The same NDC (National Democratic Congress) members were the ones who sacked him from Parliament and took him to court. He was imprisoned and he eventually died and was buried. It is the same matter.”
“They are making all kinds of noise about his swearing-in. I prompted the former Deputy Attorney General. Dominic Ayine. to tell the gentleman that we have seen this before in this House. He should leave this House before he would be jailed.”
In July 2012, a New Patriotic Party (NPP) Member of Parliament for Bawku Central. Adamu Dramani Sakande was convicted by an Accra High Court. This was after he failed to denounce his UK citizenship before contesting for the Bawku seat. He was found guilty of perjury and forgery and was jailed for two years concurrently on all counts.
The court handling the case against Mr. Hammond opted not to hear oral arguments but wanted the lawyers to address her through written arguments after which it was adjourned for ruling.
Justice Mary Yanzuh explained that the burden was on the lawyers to attach relevant evidence of what specifically had been said rather than the news publications which the Minister had maintained did not fully capture his views.
“It was incumbent on the applicant to exhibit the full interview. Without the full complement of the interview, the court is deprived of the opportunity to know exactly what was said. The court cannot rely on the manifestly incomplete publication to rule on a man who denies the content of the publication. There is no room for conjecture. Evidence was required.” Justice Yanzuh stated.
Mr Quayson cited the Adansi Asokwa Member of Parliament for contempt following an interview he granted a Kumasi-based television station.
In the said interview on Oyerepa TV on Tuesday, July 4, KT Hammond, as he is popularly known, proclaimed that Mr Gyakye Quayson will go to prison.
Lawyers of the Assin North Constituency filed a writ at the High Court on Friday, July 7, claiming the interview violated the right of Mr Gyakye Quayson to be presumed innocent as well as enjoy a fair trial.
In the writ, a counsel for Mr Quayson Justin Pwavra Teriwajah stated that “the said words of the Respondent are also in contempt of this Honourable Court as they are extremely prejudicial to the lawful process of this Honourable Court”.
He added that KT Hammond was brazenly usurping the function of the trial judge.
He said the Court as per Article 126(2) of the 1992 Constitution has the power to commit KT Hammond “and the people of his ilk for contempt of itself in order to keep the streams of justice pure”.
The writ wanted the Minister to be brought before the Court “and tried for contempt of court and sentenced to prison if found guilty”.
Mr Gyakye Quayson was standing trial for perjury after he was said to have lied in filing his nomination ahead of the 2020 elections despite holding dual citizenship.