Herald Publisher Appeals Seven-Day Contempt Conviction

The Publisher and Editor-in-Chief of The Herald newspaper, Larry Alans-Dogbey, has filed an appeal at the Court of Appeal seeking to overturn his conviction and seven-day prison sentence for contempt of court imposed by the High Court in Accra.

The notice of appeal challenges the entire decision delivered on June 25, 2026 by Justice Isaac Addo of the High Court, General Jurisdiction (Court 4), which found Mr. Alans-Dogbey guilty of contempt and sentenced him to seven days’ imprisonment.

The appeal arises from a contempt application filed in a civil dispute involving businessman Kevin Okyere and Springfield Exploration and Production Limited against Prime Mark Company Limited, Mr. Alans-Dogbey and Abdul Razak Bawa.

In the appeal, lawyers for Mr. Alans-Dogbey contend that the trial judge erred in law by convicting him for allegedly breaching an interlocutory injunction, which they argue is unconstitutional, void and unenforceable.

According to the notice of appeal, the injunction constituted an unlawful prior restraint on freedom of expression because it restrained the publication of statements deemed intended to undermine the plaintiffs before the substantive defamation suit had been determined.

The appellant further argues that the injunction was vague and ambiguous, making it impossible for him to know with certainty what publications were prohibited.

The appeal maintains that the High Court itself acknowledged the wording of the order was vague, but nonetheless proceeded to convict him for contempt.

Mr. Alans-Dogbey also contends that the trial judge wrongly inferred an intention to undermine the plaintiffs solely from the publications while ignoring evidence that he acted in good faith as a journalist relying on official documents and credible sources, including court records, correspondence from the Economic and Organised Crime Office (EOCO) and the Ministry of Energy.

The appeal further argues that contempt proceedings are quasi-criminal and require proof beyond reasonable doubt. It claims the trial court failed to establish that the appellant wilfully disobeyed a clear court order and instead shifted the burden onto him to prove the truth of his publications.

The appellant also challenges the High Court’s reliance on the Montie FM contempt case, arguing that the facts are distinguishable because that case involved threats against Supreme Court judges, whereas his publications concerned matters of public interest relating to Ghana’s oil and gas sector and were based on official records.

Additionally, the appeal contends that the conviction amounts to an unconstitutional gag order on the media and violates the guarantees of freedom of expression and media independence under Articles 162 and 165 of the 1992 Constitution.

Mr. Alans-Dogbey is, therefore, asking the Court of Appeal to set aside both his conviction for contempt and the seven-day custodial sentence imposed by the High Court.

The appeal is yet to be scheduled for hearing.

 

 

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