Court Throws Out Suspended Afoko

A court in Accra has thrown out a case against the indefinite suspension of New Patriotic Party (NPP) national chairman Paul Afoko.

A supporter of the main opposition NPP was in court to challenge the National Executive Committee’s decision to penalize the embattled chairman.

According to NEC, Afoko’s actions were inimical to the fortunes of the Danquah-Busia-Dombo tradition.

The judge Justice Arkaah-Boafo ruled that the case of a party supporter Oppong Kyekyeku did not prove his interest in the case and failed to prove he was an agent of Afoko.

Kyekyeku argued the National Council should have dealt with the case instead of the NEC hence the decision is in violation of the party’s constitution.

The court ordered the applicant to exhaust internal mechanisms in dealing with party issues instead of going public.

Case
While Mr. Paul Afoko, the suspended Chairman, of the NPP was the subject of the case before the National Disciplinary Committee of the NPP, one Mr. Oppong Kyekyeku sued the Party (NPP), Most Rev. Dr. Asante Antwi and Hon. C.K. Tedam, Chairman of the NPP Council of Elders, in the High Court, Accra.

Mr. Kyekyeku reaffirmed certain issues raised by Mr. Kwabena Agyepong, General Secretary of the NPP, and sought to halt the proceedings of the Party’s National Disciplinary Committee.

Mr. Kyekyeku sought the following reliefs:

a) A declaration that the 2nd Defendant by inviting the National Chairman to appear before it based on the petition of the 3rd Defendant violates Article 4(3) (d) of the 1st Defendant’s constitution.

b) A declaration that 3rd Defendant as an organ cannot bring a petition against any member of the National Executive and that its present petition to the 2nd Defendant against the National Chairman violates Article 4(3) (d) of the 1st Defendant’s constitution.

c) An order by the Honourable Court directed at the 3rd Defendants to comply with the procedure required under Article 4(3) (d) of the 1st Defendant’s constitution to go through the National Council with its petition through a member of the party against any National Executive Member.

d) An order of interim injunction directed at the 2nd Defendant not to hear any complaint against the National Chairman by the 6th October, 2015.

e) An order of perpetual injunction directed at the 2nd Defendant not to hear any complaint against the National Chairman without following the laid down procedures provided by the NPP bylaws.

f) Cost

Solicitor for the Party, Mr. Godfred Dame, appointed by the Constitutional and Legal Committee of the NPP, filed Appearance, Statement of Defense and Opposition to the Plaintiff’s Application for Interim Injunction.

Particularly, the Party’s lawyers filed a Motion to Dismiss the Claim of Mr. Kyekyeku altogether on several legal grounds, including the non-exhaustion of internal remedies of the NPP. The lawyers were heard and written submissions ordered by the Court.

The judge said the entire suit of Mr. Kyekyeku was premature.

source:Starr

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