The Inspector General of Police (IGP) David Asante Apeatu today (Thursday) escaped jail term and court fine by a whisker after the Deputy Attorney General, Godfred Dame succeeded in preventing an Accra High Court from sentencing the IGP who had been found of contempt
Hon. Godfred Dame has filed three applications in a bid to prevent the IGP from being handed a jail time or fine.
In the first application, the deputy AG informed the court that the state intends to appeal the decision that found the IGP contempt of court at a higher court, secondly, that the court holds on to its sentencing and thirdly contest the claims of ownership that the property being occupied by the police belongs to individuals, insisting that the said property belongs to the Ghana Police Service.
He apologized to the court for the IGP’s inability to be present in court. He was represented by one DSP Richard Boateng.
The Judge, Justice Daniel Mensah had earlier ruled that the IGP was guilty of contempt after he failed to comply with an order to provide security for the execution of a court order for the sale of a 12 block flat belonging to two private citizens, Samuel Aggrey Jnr and Augustine Gyekye.
The Judge in his earlier ruling said “It is my humble opinion that the defence offered by the respondent after the applicant had successfully proved his case is not legally tenable and the respondent has therefore fully discharged the burden required to avoid a conviction. It must therefore be committed for contempt of court and sanctioned accordingly.”
One Mrs Aggrey (deceased) had filed a case against REDCO Company Ltd for failing to pay an amount owed her. The Court in its judgement attached the property, a 12 block flat and indicated that if REDCO failed to pay the money the court will sell the property in order to retrieve the funds for her.
REDCO then appealed the decision of the court but lost. Without waiting for the Court’s direction, REDCO went ahead to give out the property to the Ghana Police Service to house some of its officers who were in die need of accommodation.
The applicants then went back to the court to seek an order for the police to vacate the property and rather help to execute the High Court order to sell the property. However, the Police failed to do that and instead claimed ownership of the property.
Lawyers then filed another case citing the IGP himself for contempt. They argued that once the flat is in the custody of the court, it is illegal for the anyone to sell or by the property and that the police should have done due diligence and has also failed to perform its statutory duty and for that matter it has willfully disobeyed the court orders.
