Suit challenging Afoko’s suspension as NPP chair dismissed
The High Court in Accra Wednesday dismissed a case challenging the jurisdiction of the New Patriotic Party’s disciplinary committee to hear a petition against party chairman, Paul Afoko.
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The court presided by Justice Arkaah-Boafo, held that the application was premature because the plaintive, Oppong Kyekyeku, who is a member of the party, failed to exhaust party internal grievance resolution mechanisms before rushing to court.
Besides, he did not demonstrate capacity enough to initiate the case when he alleged a breach of natural justice against Paul Afoko on account of the party’s constitution being allegedly violated and yet failed to show how he (plaintive) stood to suffer.
The suit filed against the party and two high ranking national officers, Rev. Asante Antwi as second defendant and Mr. C. K. Tedem as third defendant, was grounded on a provision of the NPP Constitution which stipulates that “A member aggrieved or dissatisfied with the conduct of any member of the Constituency Executive Committee shall file a complaint in writing to the Regional Executive Committee. A complaint against a member of the Regional Executive Committee shall be made to the National Executive Committee and in the case of the National Executive Committee to the National Council”.
Kyekyeku’s Reliefs
The plaintiff had sought, among other reliefs:
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.
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.
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.
An order of interim injunction directed at the 2nd Defendant not to hear any complaint against the National Chairman by the 6th October, 2015.
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.
Counter argument
But the defendants’ lawyers said the appropriate provision in the NPP constitution rather demanded that disciplinary proceedings may be initiated by a complaint in writing delivered to the Disciplinary Committee, in so far as the complaint relates to the affairs of the Party.
They argued that Kyekyeku had no justification whatsoever to file the case without exhausting the remedies provided for under the NPP constitution. Neither did he allege, among other grounds necessary for proceeding straight to court, the absence of a competent domestic forum to deal with his complaint.
Again his allegation of a breach of natural justice was incompetent because not being the one appearing before the Disciplinary Committee, he could not make such a claim.
A breach of natural justice, they countered, could only be in relation to or affecting the person who was appearing before the committee.
Mr Afoko was suspended as NPP chairman last week following a recommendation of the party’s disciplinary committee. The first vice chairman of the party, Freddy Blay, has since been acting as chairman.
Paul Afoko however maintains he remains in office and wants his purported suspension disregarded.
Meanwhile three other persons said to be NPP members, have also filed a similar case to overturn the decision to suspend Paul Afoko.