The President of the Private Newspapers and Online News Publishers Association of Ghana (PRINPAG), David Tamakloe, has clarified that the 10-day bail granted to The Herald publisher, Larry Dogbey, is conditional upon the filing of a substantive appeal against his contempt conviction.
According to Mr. Tamakloe, the temporary bail was granted after lawyers for Mr. Dogbey promptly filed an ex parte application seeking a stay of execution of the custodial sentence pending an appeal.
He explained that the court’s order gives Mr. Dogbey only 10 days to formally file the substantive appeal and serve notice on all parties involved. Failure to do so within the stipulated period will result in his return to custody.
“The bail is to take effect for just 10 days. If after the 10 days he does not return to the court with a proper notice, then he goes back into custody, because this was filed ex parte. He needs to file an appeal on notice,” Mr. Tamakloe explained.
He added that once the appeal is filed on notice, both the applicant and the respondents will have the opportunity to argue the matter before the court decides whether the contempt conviction and custodial sentence should be upheld or set aside.
“That appeal will then be argued by both parties, after which a final decision will be taken on the contempt appeal,” he stated.
Mr. Dogbey was sentenced on Thursday, June 25, by an Accra High Court presided over by Justice Isaac Addo after he was found guilty of contempt of court over publications relating to a legal dispute between businessman Kevin Okyere, Founder and Chief Executive Officer of Springfield Exploration and Production Limited (SEP), and Petraco SA.
The contempt proceedings stemmed from articles published by The Herald concerning a petition filed by Petraco SA against Mr. Okyere. The court ruled that Mr. Dogbey had violated an interlocutory injunction restraining him from publishing further reports on the matter.
During the contempt proceedings, Mr. Dogbey maintained that he had not been served with the court order prohibiting further publication. However, Justice Isaac Addo rejected the argument and ordered the immediate execution of the sentence by issuing a warrant of committal to the Director-General of the Ghana Prisons Service.
The subsequent grant of the 10-day bail provides Mr. Dogbey with temporary relief while his legal team prepares to challenge the conviction. The outcome of the appeal process is expected to determine whether the contempt ruling and custodial sentence will remain in force.
