The Ashale Botwe Family has filed a suit before the High Court in Accra (Land Division 8), requesting the imprisonment of Captain Edmund Kojo Koda, a security aide to President Akufo-Addo, along with Eugene Sowah Odamtey and Hares Muda, for contempt of court.
Represented by Nii Afutu Kotey Gbomase II, the family claims that the actions of Captain Koda, Odamtey, and Muda have undermined the administration of justice in an ongoing land litigation case.
According to Nii Gbomase II, the High Court, Accra, ruled in favor of Eugene Sowah and others in a land dispute in 2000. The current motion, filed on July 26, 2024, asserts that the respondents were required to follow legal procedures before taking possession of the land.
The land in question is located in Borteyman, a suburb of Accra. The applicant contends that Captain Koda, Sowah, and Muda should have obtained a signed writ and order of possession and posted notice of the order before executing possession. Instead, the applicant alleges that the respondents ignored these legal requirements and forcibly took possession of the land without a court order.
Nii Gbomase II states that on January 17, 2024, Odamtey applied for leave to issue a writ of possession to reclaim the disputed land in accordance with a judgment affirmed by the Supreme Court. The applicant opposed this application on June 26, 2024, but the court granted Odamtey’s request.
Aggrieved by this decision, Nii Gbomase filed a notice of appeal seeking to overturn the ruling and subsequently filed an application for a stay of execution on July 12, 2024, serving it to Odamtey through his counsel. Despite this, the applicant alleges that Odamtey, with the aid of Captain Koda and Muda, went onto the disputed land to take possession even before the writ was issued.
The applicant asserts that the respondents continue to forcibly occupy the land despite being notified of the stay of execution application. This conduct, according to Nii Gbomase II, demonstrates a complete disregard for the judicial process.
“That I am advised by counsel and verily believe same to be true that the conduct of the respondents is not only wilful but it also constitutes an unlawful interference with the administration of justice and undermines the authority of the court,” the application stated.
It further asserted, “That the respondents’ wrongful conduct is tantamount to contempt of court and warrants imposition of such appropriate punitive sanction, to serve as a deterrent to others who may dare tread the same path as the respondents.”