Court reinstates NPP Chairman of Atwima Nwabiagya, others

Saturday, March 14, 2009 (Page 13)

THE Court of Appeal has reinstated Nana Kofi Owusu as the Chairman of the Atwima Nwbiagya Constituency office of the New Patriotic Party (NPP) in the Ashanti Region.
The court also reinstated nine other executives of the constituency who were wrongly removed from office alongside Nana Owusu by the National Chairman of the NPP.
In a unanimous decision, the court dissolved an interim committee which was appointed by the National Chairman to oversee the activities of the constituency.
It accordingly ordered the interim committee members from interfering with the functions of Nana Owusu and the nine others, namely: Nana Agyemang-Johnson, First Vice Chairman; Gyau Mensah-Bonsu, Second Vice Chairman; Salifu Musah, Secretary and Bernard Boateng, Assistant Secretary.
The other appellants were Amadu K. Issah, Treasurer and Douglas Owusu, Organiser; Samuel Mensah, Youth Organiser; Nicholas Ameyaw, Financial Secretary and Sabina Anane-Yeboah, Women’s Organiser.
Respondents in the suit were the Ashanti Regional Executive Committee of the NPP, Mr Ben Oduro Frimpong, and seven others.
Mr Oduro and the seven other respondents had also claimed to be newly elected executives of the Atwima Nwbiagya Constituency office of the NPP.
The court also ordered the members of the interim committee to render accounts to the appellants as well as hand over any party property in their possession.
It further restrained the interim committee from interfering with the functions of the appellants.
The Court of Appeal was giving its ruling in an appeal filed by the appellants against a decision by the High Court to set aside its earlier decision which gave the appellants mandate to hold office.
The High Court had on December 21, 2007 argued that the appellants removal from office contravened the Constitution of the NPP, and accordingly granted their application for interim injunction to restrain the regional executives from interfering in their work.
However, the High Court presided over by Mr Justice Kwame Ansu-Gyeabour in February 2008 vacated its order on the grounds that the respondents apart from the Ashanti Regional Chairman, who were initially not party to the suit, also claimed they had been elected as executives of the constituency and for that matter triable issues had been raised.
Consequently, the appellants appealed against the High Court’s decision to which the Court of Appeal upheld their objections against the lower court’s decision.
Citing authorities, the court held that although, the seven respondents had not entered appearance and filed their appearance, “..., the learned trial judge purported to determine certain issues, and made some erroneous findings showing that he was confused and manifestly biased in favour of the respondents.”
Earlier in the trial, the Court of Appeal gave parties the opportunity to resolve their differences but that did not materialise thereby prompting it to give its ruling.