The Courtroom Is Not a Playground
Imagine this: your company is in the middle of a court case. Tempers flare, emotions run high, and in a moment of frustration, you issue a press statement or delay obeying a court order. Days later, a new legal headache lands on your desk; you’ve been cited for contempt of court.
Contempt of court is one of those legal concepts that sounds distant, something for politicians, criminals, or the dramatic scenes in legal dramas. But in reality, it’s a very real and dangerous trap for businesses, especially those entangled in litigation or compliance issues. In Ghana, courts take their authority seriously. If you cross the line, whether intentionally or not, they will remind you, sometimes with fines, other times with handcuffs.
What Exactly Is Contempt?
Put simply, contempt of court means breaking court rules or doing anything that messes with how justice works. This could be things like ignoring a court order, refusing to follow a judge’s instructions, threatening a witness, or sharing info that could affect a case still in court. If you’re found guilty of contempt, you become a ‘contemnor’, and that can lead to a fine or even jail time.
Ghana doesn’t have a single statute that neatly spells out all contempt offences. But that doesn’t mean it’s a free-for-all. The rules are enforced through common law principles and through Order 50 of the High Court Civil Procedure Rules (C.I. 47), which sets out how contempt proceedings can be brought.
The Two Faces of Contempt: Instant Trouble vs. Legal Process
Contempt comes in two forms.
The first is direct contempt, known in legal Latin as contempt in facie curiae, which literally means contempt in the face of the court. This happens inside the courtroom. Picture someone shouting at a judge, refusing to answer questions, or threatening another party in open court. The judge sees it, and boom, the punishment can be instant.
The second is indirect contempt, or ex facie curiae, meaning contempt outside the court’s view. This includes things like disobeying a court order or making angry posts online about a case that’s still being decided. In these situations, things are more serious; you must be officially informed, given a chance to explain yourself, and the court must prove you broke the rules beyond a reasonable doubt.
How Does the Process Work?
If someone wants to initiate contempt proceedings against your company, they file a motion with an affidavit outlining the facts. This document must be served on your legal team, giving you the chance to respond. In some cases, the judge may initiate proceedings on their own, especially if the court’s own dignity or authority has been insulted.
What makes contempt unique is its quasi-criminal nature (meaning it is not strictly a criminal offence, but it carries similar consequences such as fines or imprisonment and requires proof beyond reasonable doubt, because liberty is at stake). You’re not just in legal trouble; you’re in the kind of trouble that can lead to jail. So the standard of proof is high; the same as in criminal cases. The court must be convinced beyond reasonable doubt that the contempt was deliberate and willful.
Can Outsiders Be Dragged In?
Yes. And this is where many businesses get blindsided. It’s not just parties to a lawsuit who can be held liable. If your company aids or encourages someone else in violating a court order, even if you’re not a named party, you can still be found in contempt.
Let’s say your business partner is under a court injunction not to sell certain assets, and you help him do it anyway. The court could very well point its finger at you too. In the legal world, ignorance of a court order is not a shield, especially when your fingerprints are all over the breach.
Why Businesses Should Care
If you’re in business, especially in high-stakes sectors like real estate, construction, finance, or media, contempt of court isn’t just a courtroom drama, it’s a real commercial risk. Here’s what to watch for:
1. Don’t Play Fast and Loose with Court Orders
Even if you disagree with the ruling, even if you’re planning an appeal, obey the court’s instructions. Delay or partial compliance can be treated as defiance.
2. Train Your Team
Sometimes it’s not the CEO, but a manager, employee, or PR officer who makes a costly mistake. If you’re under a court order, ensure everyone who needs to know, knows, from operations to communications.
3. Watch What You Say
A careless tweet, a loaded press release, or a snide comment on TV about a pending case can be enough to trigger contempt proceedings. Coordinate your public messaging with your legal team.
4. Know What Others Are Doing in Your Name
If agents, contractors, or even partners act in a way that breaches a court directive involving your company, the court may still hold you accountable. It’s called vicarious trouble, and it’s very real.
5. Keep Receipts
If you’re making efforts to comply with an order or genuinely confused about what’s required, document everything. Good faith goes a long way when the court is deciding if your actions were willful.
The Fordjour Case: A Cautionary Tale
In Republic v. Sitso I; Ex parte Fordjour (2001–2002) SCGLR 322, Ghana’s Supreme Court laid out what it takes to prove contempt:
- There must be a clear order.
- The alleged contemnor must know what they were supposed to do.
- They must have willfully refused to comply.
This decision is the go-to case for lawyers defending or prosecuting contempt cases,and the principles remain as relevant for businesses today as they were over two decades ago.
Contempt is Not Just a Legal Issue, It’s a Leadership Test
Contempt proceedings are not merely about legal compliance, they’re about respecting the rule of law and acting with discipline, especially when under pressure. For business leaders, how you respond to a court order is a direct reflection of your corporate integrity.
And remember, the court doesn’t bluff. It can freeze assets, issue arrest warrants, or halt your operations, all in the name of enforcing its authority.
So the next time your business is in court, or even adjacent to a legal battle, ask yourself: are we playing by the rules, or are we playing with fire?
David Amaara Adaawin on behalf of OSD and Partners. [email protected]
