Minister, 10 Others Freed Of Contempt

By William Owusu & Richard Gould

Tuesday, 18 July 2006
A Fast Track High Court in Accra, yesterday exonerated the Minister of Lands, Forestry and Mines, along with 10 Forestry Commission Officials from contempt charges.

The contempt suit was brought against Professor Dominic Fobih and the 10 officials by the Ghana Association of Forest Plantation Wood Millers and Exporters (GHATEX) who claimed that the defendants had gone ahead to organize a competitive bidding for plantation timber and forest reserves despite a court order not to do so.

The officials include John Otoo, Chief Executive, Owusu Abebrese, Executive Director, R K Bamfo, Head of Timber Rights Evaluation Unit Noble Biney; Director of Finance and Administration, Dei Amoah and Edward Ameyaw, both members.

The rest are Augustine Arthur Amo, Solicitor, Gene Birikorang, member and Peter Boateng, acting board chairman.

In the suit which brought about the contempt, GHATEX led by its vice-President, Richard Asante-Bediako, claimed that if the Commission was not restrained until proper measures were taken in organising a competitive bidding for plantation timber and forest reserves, it would cause irreparable damage to the timber industry and the economy at large.

The court, presided over by Mr. Justice P. K. Gyaesayo, in exonerating defendants said a high degree of proof was required of the initiator of the action to show that the defendants had indeed been in contempt of court.

The judge said Mr. Bediako, who initiated the action, failed to prove that the defendants’ acts amounted to contempt, adding that, “his capacity as GHATEX executive is in serious doubt and did not have the authority to initiate the action”.

The court further said that during the trial Mr. Bediako’s witness had said that he served one Ben Asante and not the solicitor of the Forestry Commission while Mr. Otoo himself had admitted being served with the injunction notice but was able to explain that he received it when the whole bidding exercise was nearing completion.