Chairman of the Constitutional and Legal Committee of the New Patriotic Party (NPP), Nii Ayikoi Otoo has indicated that it makes sense to call off the proposed meeting of the National Council of the party in the wake of a court suit against its composition.
A member of the party, Mr David Hoezame, has filed a writ at the Accra High Court asking for a restraining order that the June 19 meeting of the national council ought not come on because it was not properly constituted and that the decision that would be taken at that meeting would be in breach of the constitution of the NPP.
Joined in the suit is the National Chairman, Mr Paul Afoko and the entire National Council of the party as presently constituted.
Mr Hoezame is praying the court to compel the NPP to follow the procedure outlined in its constitution and re-compose the National Council.
The writ was filed on June 17, 2014.
The party has however cancelled the National Council meeting which was scheduled for Thursday.
Commenting on the development in an interview with Adom FM Thursday morning, Nii Ayikoi Otoo said the constitution of the NPP was a contract between the party and its members.
“Therefore if any member is of the opinion that the constitution is being breached, that person can go to court except that the person is also expected to exhaust the internal mechanisms for resolving conflicts although sometimes it is also asked that when it is a constitutional matter then there is no discretion in the matter because our constitution cannot have the jurisdiction of the high court.”
Nii Otoo however added that if it was a matter of constitutional interpretation then the court was the best place for members to go.
“So if today a meeting date to announce or to take further steps towards the election of a presidential candidate and it is his view that it amounts to a breach of the constitution, because that body is not properly constituted then it makes sense to me that the national officers should call off this meeting.”
Listen to Nii Ayikoi Otoo here
{mp3}ayikwei_otoo{/mp3}
Statement of claim filed by Mr. Hoezame (Plaintiff) against the Defendants:
(i) “A declaration that announcement of the 6th day of December, 2014 as date for the election of the 1st Defendant’s presidential candidate as Null and Void;
(ii) An Order directed at the Defendants to restore the Constitution of 1st Defendant Party to its original state and to duly and properly set up the National Council in accordance with the provisions of the 1st Defendant’s Constitution.
(iii) An Order restraining the 2nd Defendant from further breach of the 1st Defendant’s Constitution.
However, “Plaintiff avers that as at date hereof the 1st Defendant has no National Council since there has not been any process in accordance with Article 7(15)(iv) to elect regional representatives to serve on the said National Council of the 1st Defendant Party…” the statement of claim noted.
The Defendants have eight days to enter an appearance.
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