High court dismisses action

January 23, 2012 (Page 3)

THE Accra High Court yesterday dismissed a motion for interlocutory injunction seeking an order to restrain the People’s National Convention (PNC) from organising the party’s delegate congress.
According to the court, the applicants failed to provide independent evidence to substantiate allegations of fraud leveled against the defendants.
It accordingly dismissed the application for interlocutory injunction and awarded cost of GHC 2,000 against Ibrahim Karim, Haruna Abass, Abubakari Sadick Wiyor, Benard Bama-Ame and Michale Anafo who had brought an action against, three executives of the PNC, Dr Edward Mahama, Alhaji Ahmed Ramadan and Benard Mornah.
The court’s ruling will now pave the way for the fixing of a new date for the national delegates which was originally scheduled to take place in Sunyani from December 9-11, 2011.
Following a motion for stay of proceedings pending the outcome of an appeal filed by counsel for the defendants, Dr. Somtim Tobiga, the court adjourned the hearing of the substantive case sine die.
In the said appeal, the applicants/appellants are challenging the court’s decision which dismissed their preliminary objection of conflict of interest raised against counsel for the party, Mr James Agalga and four of its leaders, who have been sued by the defendants/appellants.
The defendants/appellants said it was wrong for Mr Agalga to represent the respondents because the party was the victim in the matter and it was unethical for counsel to represent both the victim and the perpetrators of the act against the victim.

However, Mr Agalga responded that the objection was misplaced because the court was not the right forum to ventilate it and also the PNC was an inanimate object which could sue and be sued and behind which was the leadership who acted for it.

In the substantive suit, the are also seeking an order to restrain the PNC, Dr Mahama, Alhaji Ramadan and Mr Mornah from introducing themselves as the Leader, Chairman and General Secretary, respectively, of the party or to grant interviews to the media or participate in any media or public programme in their purported capacities as such.

They are further seeking an order to restrain the respondents from withdrawing or spending any funds from the account of the PNC or soliciting any funds from any person or organisation for the benefit or on behalf of the party.