05
Mon, Dec

Court dismisses motion for stay of proceedings

Fiifi Fiavi Kwetey

A court of appeal (Civil Division) has dismissed a motion for a stay of proceedings filed by the National Democratic Congress (NDC) and Mr Fiifi Fiavi Kwetey, Minister of Food and Agriculture, in the case in which Mr Albert Kwasi Zigah is challenging the party’s endorsement  of the nomination of the minister as its parliamentary candidate in the December election.

The court, with a Justice of the Appeal Court, Ms Barbara Ackah-Yensu,sitting as a single judge, stated that in the opinion of the court, the arguments raised by counsel for the applicants do not meet the basic consideration for grant of stay of proceedings.

On the claim by the applicants that any injustice may be occasioned if the trial is not stayed, the court upheld that issues raised by the applicant could be addressed in the course of the trial and ruled upon. 

The NDC and Mr Kwetey had prayed the court that the judge at the High Court, Mr Justice Kweku T. Ackaah-Boafo, erred in granting the reliefs sought by the plaintiff, Mr Albert Kwasi Zigah.

Mr Zigah had in the said suit claimed that his disqualification from contesting the parliamentary primary of the Ketu South Constituency of the first defendant party was unlawful, null and void and of no effect whatsoever.

Mr Zigah had sought an order to set aside his said disqualification as being unlawful  and the holding of the primary without his involvement, having been unlawfully disqualified, as equally unlawful, null and void.

He also sought an order of injunction  to restrain the NDC either by itself, its servants, agents, workmen or otherwise from proceeding to put up the candidate who won the unlawful parliamentary primary in the constituency as its candidate to contest the 2016 general election.

Again, a further order that his disqualification be wholly set aside and a rerun of the parliamentary primary be conducted to include him as a contestant. 

Furthermore, an order of perpetual injunction restraining Mr Kwetey from holding himself out as the NDC’s parliamentary candidate for the constituency in the general election.

He also sought any further or other orders as the court might deem fit.

In its ruling on Tuesday, July 26, 2016, Justice Ackaah-Boafo stated that the arguments raised by the counsel for the applicant did not meet the basic consideration for grant of stay of proceedings; that any injustice might be occasioned if the trial was not stayed.

He said the issues raised couold be addressed in the course of the trial. The court slapped a cost of GH¢1,000 against the applicants.