PNC Court case - Dr Mahama, others acquitted

Friday, July 15, 2011 (Page 3 Lead)

THE flag bearer of the People’s National Convention (PNC) in the 2008 elections, Dr Edward Mahama, and six other executives of the party were yesterday acquitted and discharged of a contempt of court charge.
The other executives are Alhaji Ahmed Ramadan, Chairman; Bernard Mornah, General Secretary; Attik Mohammed, Policy Analyst of the PNC; Alhaji Baba Mohammed, Col George Luri Bayorbor (retd) and Abraham Kaban.
Three members of the PNC — Dr Somtim Tobiga, Ahmed Jatoh and Abu Seidu Baba Gana — had dragged Dr Mahama and the others to court for allegedly flouting a district magistrate court’s order which directed Dr Tobiga, his agents and party members, including the respondents, to vacate the PNC office until the final determination of a case brought against Dr Tobiga and the two others.
However, the court, presided over by Mr Justice Charles Quist, held a different view and accordingly awarded costs of GH¢5,000 against the applicants.
Giving its ruling on the matter, the court was of the view that the conduct of Dr Mahama and the other executives did not constitute contempt of court.
According to the court, the word “party members” in the lower court’s ruling was not referable to Dr Mahama and the other respondents because the preceding words in the said ruling clearly referred to the applicants.
It said it would be improper to stop Dr Mahama and the other respondents from carrying out their duties as executives of the party, since that would be in violation of the Political Parties Act.
Reacting to the court’s ruling, counsel for the applicants, Mr C.A. Chambers, said he would apply for a copy of the ruling, study it and advise his clients accordingly.
He was of the view that the costs awarded against his clients were harsh, adding, “The costs will further deepen the internal crisis within the party.”
On January 6, 2011, the district court directed Dr Tobiga, Jatoh, Gana and party members to vacate the party office until the final determination of the criminal case, but, according to the applicants, Dr Mahama and the other respondents flouted the order by breaking into the office to organise a press conference on January 18, 2011.
The press conference, according to the applicants, was captured on national television.
However, the respondents raised preliminary legal objection and argued that the application was incompetent and must, therefore, be dismissed. But on May 12, 2011, the court dismissed the preliminary objection and moved to hear the contempt application.
It arrived at yesterday's decision after hearing both parties in the case.