In The Matter Of The Committal For Criminal Contempt Of Court Of Bediako Kakari Poku & Anor V. In The Matter Of Section 19 Of The West African Court Of Appeal Ordinance (Cap. 5) (1951)

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Committal for criminal contempt—Reference by the Governor to Court under Section 19 of the West African Court of Appeal Ordinance—Court no power to entertain reference—Section 19 only applies to criminal cases conducted in accordance with procedure relating to ordinary criminal trials as prescribed by the criminal code—Contempt proceedings not so conducted—Committal for contempt not a conviction—Court no power to entertain reference.

Facts

The Governor of the Gold Coast acting under section 19 of the West African Court of Appeal Ordinance (Cap. 5), referred to this Court the proceedings committing the petitioners for a criminal contempt of Court. The Court considered that, having regard to section 9 of the said Ordinance, no reference could be made, unless there was also a right of appeal to the Court. It was conceded that in England the Court of Criminal Appeal had no power to hear appeals from committals for contempt of Court.

The petitioners relied on the case of Rex v. Animashaun (3). The Court held that, in so far as that case purported to decide that there was an appeal from a committal for contempt it was wrongly decided.

It was also argued that differences in wording between the English Statute conferring a right of appeal to the Court of Appeal, and the wording of the West African Court of Appeal Ordinance, ” let in ” appeals from committals for contempt.

Held

Section 19 of the Ordinance applies and is only intended to apply to ordinary criminal cases, the proceedings in which follow the procedure laid down in criminal cases under the Criminal Procedure Code of the Gold Coast (Cap. 10). It is patent that committals for contempt of a criminal nature are not conducted in accordance with such procedure which has no relation to them. A committal for contempt of Court is not a conviction from which an appeal lies to the West African Court of Appeal and the Court had no power to entertain the reference.

Court no power to entertain reference.