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Wednesday, September 16, 2009

Asabee opposes hearing of contempt application in camera

Nene Amegatcher, Counsel of ex-Information Minister Mr Stephen Asamoah-Boateng, on Tuesday opposed the hearing of a contempt application against the Director of the Bureau of National Investigations (BNI) and two others in camera.

Nene Amegatcher contended that the application was defective because it was not sworn by any of the respondents.

Touching on the contempt application, Nene Amegatcher said the application affected individuals and not their capacities. He noted that the respondents had been brought to court in "a personal application".

According to him, the affidavit accompanying the application was rather sworn by an Attorney with the Attorney-General's Department who indicated that he had the authority of the respondents. Mr and Mrs Asamoah-Boateng and their two children were prevented from travelling outside the country not withstanding an injunction restraining the BNI from preventing them from doing so.

The three officials were therefore cited for contempt.

The BNI Director, Mr Yaw Donkor, and the two BNI officials, Mr Yaw Abrokwa and Ms Josephine Gandayiri, were brought to court for contempt following an application filed by Mr Asamoah-Boateng, and his wife, Jennifer Zuleika Lawria, for preventing them from travelling outside the country.

On September 3, this year, the state initiated processes at the court so that a contempt application filed against the Director of BNI and two other officials be heard in chambers.

On the contempt application, Mrs Helen Kwawukume of the Attorney-General's Department said the nature of the application presupposed that the respondents could not be in court physically or personally.

She intimated that they were served with the affidavit in opposition only on Monday.

Mrs Kwawukume contended that in the affidavit of the former minister and his wife, they had deposed to certain averments, which were "factually incorrect".

She however pleaded for date to file a supplementary affidavit. The court therefore adjourned the matter to September 24.

Source: GNA/Ghana

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