Afoko thrown out in case against his suspension but serves notice of appeal
The legal action by the suspended National Chairman of the New Patriotic Party (NPP), Mr Paul Afoko, challenging his suspension was yesterday dismissed by the Human Rights Division of the Accra High Court.
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The court, presided over by Mr Justice Anthony Yeboah, in dismissing the suit, held that the procedure and processes that led to Mr Afoko’s suspension were “lawful, just and fair’’.
“It is my considered view that on the balance of probability, the plaintiff’s action fails and the defendants succeed,’’ the presiding judge said.
Appeal
Mr Afoko has, however, vowed to appeal the decision of the court.
In an interview with the media after the judgement, his spokesperson, Nana Yaw Osei, said the suspended chairman “will definitely appeal the decision’’.
“We respect the judge for his decision but we disagree with several points. When we get copies of the judgement, our lawyers will look at the points where we disagree and we will go on an appeal,’’ he explained.
Suspension
Mr Afoko was suspended indefinitely by the National Executive Committee (NEC) of the party on October 23, 2015 after the party’s Disciplinary Committee (DC) had recommended his suspension.
The DC’s recommendation followed a petition by two members of the party who claimed that Mr Afoko had conducted himself in ways that had brought his position and the administration of the party into disrepute.
Mr Afoko rejected the decision of the NEC and appealed to the National Council of the party, but it dismissed his appeal.
Suit
Not satisfied with the party’s decision, Mr Afoko dragged the NPP to court in December last year, claiming that his suspension was not in tandem with the party’s constitution.
Joined to the suit as defendant was the acting National Chairman of the party, Mr Freddie Blay.
Mr Afoko was seeking a declaration from the court that his indefinite suspension flouted the party’s constitution and was, therefore, unconstitutional.
He also wanted a declaration that he was the duly elected National Chairman of the party and, therefore, he ought to be accorded the privileges associated with that position.
Another relief sought by the suspended chairman was a declaration that the appointment of Mr Blay as acting National Chairman was unconstitutional and, therefore, null and void.
Disciplinary Committee or congress
It took the presiding judge about three hours to read the 85-page judgement.
Mr Afoko’s legal team had argued that per Article 10 of the NPP’s constitution, it was only the national delegates congress of the party that had power to remove any national officer of the party.
It, therefore, claimed that the DC of the party had no jurisdiction to hear the petition against Mr Afoko.
The court, however, asserted that the said article was for the removal of a national officer and not his or her suspension.
It also held that the procedure for suspension and expulsion of an officer was stated in Article Four of the NPP constitution and not Article 10.
“Under Article Four of the NPP constitution, the DC has jurisdiction over all disciplinary matters which could result in the suspension and expulsion of an officer or member of the party,’’ the court held.
It was also of the view that a decision to suspend or expel a national officer was a legal issue and “that’s why it had been reserved for the DC’’.
“Removal is a political decision which calls for a national delegates conference,’’ it added.
Time frame
The court also dismissed an argument by the plaintiff (Afoko) that his suspension was unconstitutional because the DC of the party failed to scrutinise the petition against him within the stipulated 21 days, as stated in the party’s constitution.
It was, however, the view of the court that the said constitution failed to provide any sanction when such a situation occurred and, therefore, it had used its discretion to determine the issue to that effect.
“The objective of the court is to do ultimate justice and not be embroiled in excessive technicalities. In order to nullify the whole proceedings, the plaintiff ought to prove that the breach led to a miscarriage of justice. He, however, failed to do so,’’ the court said.
Eligibility of Gifty Kusi
Another issue that gave rise to the legal action was whether Mrs Gifty Eugenia Kusi, the Member of Parliament (MP) for Tarkwa-Nsuaem in the Western Region, was eligible to be a member of the DC.
Mr Afoko was of the view that Mrs Kusi was not duly appointed onto the DC and, therefore, any proceedings that the committee held against him were unconstitutional.
The court, however, held a different view and asserted that Mrs Kusi was a representative of the Parliamentary Caucus on the committee and not an appointee.
“The relevant appointing authority of the parliamentary group on the committee is the parliamentarians themselves,’’ it said.
It further dismissed claims by Mr Afoko that Mrs Kusi was not sworn into office and, therefore, her appointment was null and void.
“Nowhere is it provided in the NPP’s constitution that a representative on the committee must be sworn in. The swearing in is a custom or formality and not a constitutional practice,’’ the court held.
Freddie Blay
The court further dismissed claims by Mr Afoko’s legal team that Mr Blay’s appointment as acting Chairman was unconstitutional.
The suspended National Chairman had been of the view that the party ought to have stayed his suspension, pending his appeal and not appoint an acting chairman.
In dismissing that claim, the court held that the NPP constitution provided for a right of appeal and not “right of stay of execution of an action or proceedings of the DC of the party”.
It further held that per the NPP’s constitution, Mr Afoko’s suspension rendered him incapable of performing his responsibilities and, therefore, the appointment of an acting chairman was to prevent administrative lapses in the party.
Celebratory mood
Most of the NPP supporters who thronged the court premises were in a celebration mood after the court’s judgement.
Lead counsel for the NPP, Mr Godfred Yeboah Dame, was optimistic that the judgement would boost the party’s campaign.
“The party can now focus on its campaign without distraction and I urge all members of the party to rally behind it to capture power,’’ he said.
