Reader, I have just emerged from a very complex incredible embarrassing complicated experience that I want to document for posterity. I have no doubt in my mind that several people may learn diverse lessons from this exacerbating experience.
By God’s very strange design, this experience was kept tight secret from the general public, except the principal actors in the drama – it is almost incomprehensible. Even my father-in-law’s daughter, my children, my own lawyers in the same chambers – none of them knew anything about it.
Now the drama is over, so I can spill the beans for all and sundry to see the harrowing experience I went through. It all started in June 2011.
As I went up and down, I told myself that God has made me a lawyer for 25 years, so what am I doing to thank Him? In God’s economy, the more you give, the more you get, so if I want to make more money then why don’t I do something as a landmark for God Almighty to know that I appreciate all that he has done for me?
The first option was to build a six-classroom block for some village- but where? The second option was to build a chapel for the Presbyterian Church – but where? The third option was to build a clinic- again where?
I reflected for a long time, and concluded that the most beneficial of these three options would be to identify a rural community far away from Berekum, a place where God-willing none of my children may ever be, and build a clinic and donate it to the people, to save lives, to
improve health delivery. I am sure God will bless me- let me call it 3rd October Clinic, to memorialize the day I was called to the Bar as a lawyer, 25 years ago.
Reader, was I wrong in this reasoning?
Two issues- the location, and the cost.
I have said it again and again that when it comes to construction, the cost is really traceable to SUPERVISON. If you can get a foreman or mason or contractor who is honest, the cost can be a quarter of the estimated bill- oh yes. When I was MP for Berekum, I built a clinic in a village within seven months at a cost of 17 million cedis – when I told Dr Afriyie, the Minister of Health, that it cost me 17million to build the clinic, he told me “Effah, I am not a small boy, I am a doctor” (he was my mate at Legon -I was doing law and he was doing medicine).
I took pen and paper and broke down the bill to him- the cost of the materials- no consultancy charges, no tax this, no that. Then he was looking at me, and he shook my hand. Reader, when it comes to construction, it is a question of SUPERVISION.
I told myself if I get good supervisors, it should not cost more than 100million cedis. Very well. Now where?
I wanted a deep village, not too far from Accra, so I chose Aburi-Nsawam area, but one top politician in that area, after listening to my problem, said no, Captain, your clinic will be best useful if you sent it to a village called Ashalaja. It has a catchment area of over 10 villages, the nearest clinic is about 10 kilometers- build the clinic there, and thousands will benefits from it.
Ashalaja…Ashalaja…I have been there once, about 6 years ago, I know the chief, I am one of his lawyers- it should not be difficult.
I rang the chief, he was very enthusiastic about the news, and readily offered me land.
Meanwhile, time was moving. So far, reader, am I wrong?
Amidst great fanfare, brass band pastors and all, the entire community assembled, led by the chief and the assemblyman for the area, and on Saturday 24th July 2011 laid the foundation stone for the construction of the 3rd October Clinic at Ashalaja. The cost was estimated to be 100 million cedis.
Construction began at break-neck speed. But very soon, unexpected difficulties began – my most trusted aide started attending post graduate lectures, so he could not supervise the job. I brought in another correct guy, but he came and made solid practical suggestions which changed the entire design and concept and then shot up the estimates almost tenfold.
Worse of all, after about a month, he misconducted himself and I was forced to choose between disciplining him and make the project suffer or keeping him on the project and let other staff accuse me of favoritism.
I told myself nobody is indispensable- so I suspended him for one clear month and brought in another chap to supervise the project. Before I could say jack, one billion cedis was gone, the building had reached gable, my money was finished, and August gone, remaining September- only 4 weeks to go.
I held a crisis meeting- consensus was that even with credits here and there, I still needed minimum of 500 million to finish. Meanwhile, the pace at which the project had gone every tongue in Ashalaja was wagging that ‘lawyer has money” so reader, nobody was entertaining
request for credits- everything was cash down- cement, water, blocks, artisans – oh my God.
Meanwhile, my bank accounts had all gone dry.
Before the meeting rose, I told them that “I am doing this project just to glorify God, so I am sure God will bring me money to finish the clinic. Let us pray”.
Reader, you will not believe this, but less than 24 hours later, I had a strange phone call: “Captain, have you gone for your money? 800 million cedis!!!!!”
I told you God will build the clinic.
Construction resumed at break-neck speed, and on Friday September 2011 when I visited the site, 3rd October Clinic was ready for commissioning, to the Glory of God.
I got to my office around 5:30pm to see a fair-coloured chap, court bailiff with writ of summons to serve me, and on motion for injunction, restraining me from completing the project and commissioning the clinic on Monday 3rd October!!!
Oh God, what is this?
The plaintiff or the applicant is the father of the mason. He knew from day one that his son was building the clinic. He said nothing, and now that the project is over and his son has been paid off, he brings a writ and a motion.
I sent a two-man delegation to meet him, and he told them that I was not his target. I have done a good thing for the village, but his target is the chief, the guy who gave me the land- anyway, no problem. I could go ahead and commission the clinic, he will tell his lawyers to
forget about it.
Monday 3rd October 2011- I went to Ashalaja – the Minister of Health, Joseph Yieleh Chireh, my mate at Legon, MP, left the ministry to come and commission the clinic. While en route, he learnt that there is an injunction on the clinic, so he turned back. The Regional Minister, the DCE, the MP, all the big shots, NOBODY came.
After waiting for about 4 hours, the high table empty, I told the people I was sorry about all this injunction matter, then we left.
One week later, I received court papers, citing me for contempt of court – Republic Vrs Nkrabeah Effah Dartey!!!
Oh my God!!! What a calamity/ I have used my money to build a clinic for villagers I don’t have any relationship with, and instead of making me their Nkosuohne, is this my gratitude?
Contempt of court? How possible?
The courtroom battle began- trying me on “contempt of court” – that I have built a clinic for the people of Ashalaja.
I see some of my colleague lawyers driving powerful enviable cars. Instead of buying some, I have rather built a clinic, not for my people Jinijini, not for my constituency Berekum, not even Brong Ahafo Region, but a deep village in Greater Accra Region, and my gratitude is CONTEMPT OF COURT???
October, November, December, January- a date was set for judgment to decide whether I was guilty and should be sent to prison as demanded by the Plaintiff/ Applicant.
A night before the judgment, I was driving home, and I well remember when I got to the Weija lake area, the words came out of my mouth, involuntarily: “So, Almighty God, what have I done wrong? It was you who made me a lawyer. It was you who gave me money to build the clinic. So why should I go to prison for saying thank you for making me a lawyer? I don’t understand.”
When I got home, for the first time in several years, I could not read my Bible before sleeping- then I dreamt. In the dream I saw a swimming pool- sign of trouble- somebody dived into it and died. I also dived into it, determined to swim- then to my surprise, the waters were drying up, and drying up, and suddenly the swimming pool was EMPTY!!!
Next morning, I walked to the courtroom- absolutely confident, not in the least shaken or disturbed- Wallachia. When the case was called, the judge said the ruling was not ready, so it was adjourned to 24th February- no problem. The waters in the swimming pool WILL DRY
UP!!!!
Finally 24th February 2012 came- oh reader, it was a very interesting experience. The judge read the ruling, and convicted me of contempt, saying as a senior lawyer, I know the consequences of my actions- yes, SENTENCE!!!
Contempt of court is the weapon that the courts use to enforce respect for the law, to compel obedience to court orders. It is a quasi criminal offence, and can land you in prison.
There are three kinds of contempt- the first one is IN FACIE CURIA- that is in the face of the court for instance if your mobile phone keeps disturbing the court, or if you put up insulting behavior in the courtroom – that is contempt.
The second type is where there is a court order and you breach it – for instance don’t carry yourself as a chief and in spite of that you dress as a chief to attend a festival or something; don’t bury a dead body and you go ahead to bury – that is contempt.
The third type, which admittedly is disputed by some judges, though is where you are put on notice that for instance, motion for injunction to restrain you from building on a land, the injunction is not yet granted, there is no order as such, but you go ahead to build all the same-
some judges take the view that it is contempt; others say no it is not contempt.
At any rate, when you are convicted, the next thing is SENTENCE, and usually in most cases, contempt is a fine or in default imprisonment. On rare occasions, the penalty is imprisonment: It all depends on the judge and the circumstances of each case. The other day a paramount
chief was convicted of contempt and sentenced to pay a fine of 100 million cedis or one month in prison!!!
Do you know the sentence that was imposed on me?
I should pay a fine of 10million cedis by Tuesday 28th February or go to prison for two weeks.
The people of Ashalaja, who had filled the courtroom, instantly paid the fine on my behalf.
No comment.
By Dr Kwame Nkrabeah
