CPP pleads for 7 days to resolve Blay fracas

Friday, September 19, 2008 (Page 3 Lead)

A leading member of the Convention People’s Party (CPP), Mr Bright Akwetey, today pleaded with the Accra Fast Track High Court to give the party seven days to resolve its differences with its aggrieved Member of Parliament for Elembelle, Mr Freddie Blay.
Mr Blay and five others namely Mr Francis Quayson, Mr Kwasi Kutea, Mr Kwame Appreh, Mr Samuel Akainyah and Mr Kwasi Andoh sued the CPP and six of its leading members including the flagbearer of the CPP, Dr Paa Kwesi Nduom seeking a declaration that the primary held to elect him as the CPP’s parliamentary aspirant was proper, valid and in compliance with the party’s constitution.
Also joined in the suit alongside Dr Nduom are the Chairman, Mr Ladi Nylander; Vice-Chairman, Dr Abu Sakara; General Secretary, Mr Ivor Greenstreet; Treasurer, Mr Mike Eghan and Mr Kosi Dedey, Spokesperson.
The court, presided over by Mr Justice Edward A. Asante, adjourned the case to October 6, 2008 and ordered the defendants to file their response to Mr Blay’s application by September 30,2008.
At the court’s sitting in Accra today, Mr Akwetey prayed the court to give parties in the matter seven days to solve the matter in-house.
He made the plea after the court had dismissed a preliminary objection raised by counsel for the defendants, Mr Yao Yegbey, which prayed the court to dismiss the application against the defendants on the grounds that it was premature.
According to counsel Mr Blay did not exhaust the processes set out in the party’s constitution for aggrieved party members.
He said it was a contractual agreement for Mr Blay to obey the rules and regulations of the party adding that the claim by Mr Blay that the party had violated his fundamental human rights was a fallacy.
He further stated that the fixing of today for the hearing of the case was not right because Mr Blay had not filed his statement of case for his clients to respond.
According to counsel Mr Blay’s failure to adhere to the High Court rules had rendered the hearing of his (Mr Blay’s) application improper and unlawful.
Counsel further argued that Mr Blay’s application did not disclose any cause of action against Dr Sakara, Mr Eghan, Mr Dedey and Dr Nduom and accordingly prayed the court to order the names of the four to be expunged from the application.
Responding, counsel for the applicants, Mr Godfred Yeboah Dame, said the arguments by counsel for the defendants was misleading and unmerritorious.
He said Mr Blay’s argument bordered on an infringement of his fundamental human rights as enshrined in Article 33 of the 1992 Constitution adding that the court had the jurisdiction to look into matters that bordered on the fundamental human rights of persons.
He, however, explained that the applicants could not follow the due processes in filing the application because his client had to act in earnest to meet the deadline from the Electoral Commission (EC) to Parliamentary aspirants to file their papers.
In its ruling, the court dismissed the defendants preliminary objection on the grounds that it had no basis.
It, however, admitted that there was an error on the part of the registrar in fixing today as the hearing and accordingly gave the respondents up to September 30, 2008 to file their response.
In the substantive suit, the applicants are seeking a declaration that the primaries held on August 23, 2008 to elect Mr as the CPP’s parliamentary candidate was proper, valid and in compliance with the party’s Constitution.
The applicants are also seeking a declaration that Mr Blay was the properly elected CPP parliamentary candidate for the Ellembele Constituency.
They are also seeking an order of certiorari to quash the decision of the Central Committee which nullified Mr Blay’s election on the grounds that the decision was without jurisdiction, against the CPP constitution and unlawful and as well as an order of mandamus compelling Mr Dedey and the Central Committee of the party to hold Mr Blay as the duly elected CPP parliamentary candidate for Ellembele and also an order prohibiting the respondents or any agent, organ or officer of the respondents from organising any primaries for the election of a CPP parliamentary candidate for Ellembele.
The applicants are also seeking an interim order directed at the respondents and their agents, officers or functionaries from engaging in media attacks on Mr Blay or make any disparaging statement in the public against the applicants pending the final determination of the application.
In their affidavit in opposition the defendants said the correct position of the party was contained in a press release which expressed the consequence of the Central Committee’s decision to object to the election of Mr Blay as the party’s parliamentary aspirant for the 2008 election.
According to the affidavit, what that meant was that if Mr Blay failed to regularise his position with the Central Committee, then there would be the need for the Ellembele Constituency to hold a fresh election in order to elect another candidate, thereby rendering the initial primary null and void.
It said that all the written invitations sent to Mr Blay only invited him to attend a meeting concerning his presence at a New Patriotic Party (NPP) rally at Ainyinase on April 30, 2008.
“The invitation never stated that any charge had been preferred against Mr Blay; neither did the CPP say that Mr Blay had breached any provisions of the party’s constitution”, the affidavit stated.
It said in a letter purporting to request for a statement of his charge, Mr Blay was out of place as he showed gross disrespect to and contempt for the CPP, a political party on whose ticket he was asking for endorsement to stand as a parliamentary candidate for the 2008 election.