Judge Throws Out NPP Man

Accra Fast Track High Court hearing the application filed by the New Patriotic Party (NPP) against the motion filed by one of its members, David Hoezame, yesterday ordered him to settle his grievances with the party, using the avenues available for redress as stated by the party's Constitution.

This was after Justice P. Anto Ofori-Atta had noted that Hoezame had not availed himself of any means of dispute resolution used by members in accordance with the NPP Constitution. He added that the reason why it was advisable for party issues to be settled at the party level was to ensure peace.

The judge said he found out that the party's Constitution had clearly spelt out the way forward for redress by aggrieved members which he said the plaintiff had not availed himself to.

However, he said he would not entirely dismiss the action by Hoezame, saying that the action could not have been frivolous or vexatious because the NPP Constitution did not oust the jurisdiction of the court.

The judge therefore granted the action in part and ordered Hoezame, who had never been to court since the commencement of the trial, to settle whatever differences he had with the party first.

Justice Ofori-Atta awarded costs of GH¢1,000 against the plaintiff.

That was after counsel for the NPP, Godfred Yeboah-Dame, had asked for costs against the party member saying, he had never been to court since the commencement of the action.

Hoezame, one-time NPP Chairman for Central Tongu Constituency, last month failed to stop the party from holding its Super Delegates' Congress to prune down the number of the party's presidential aspirants from seven to five. It was dismissed on grounds that he had failed to avail himself of party structures before heading to court.

Counsel for the party after the plaintiff was dismissed, filed another application for the court to dismiss Hoezame's entire action on grounds that he had failed to use the party's internal mechanism for resolution of disputes.

Yeboah-Dame, at the last  hearing, told the court that under Article 52 (2) of the 1992 Constitution, every citizen has the right to join a political party of his/her choice and impliedly a right not to join as it was a matter of choice.

He said the NPP has a constitution which seeks to regulate the behaviour of its members which Hoezame claims to be part of, and noted that the said constitution involves an avenue for grievances between fellow party members to be addressed as well as decisions taken by the party leadership.

According to him, aggrieved members have the right to appeal against decisions from constituency to national level and noted that the constitution of the party had not ousted the jurisdiction of the court.

Explaining further, counsel for the NPP said the party member had not availed himself of these avenues of redress, neither did he allege that those avenues were non-existent, and observed that 'it is in public interest for party matters to be settled at the party level.'

He explained that political parties should not be disturbed by all manner of grievances without its members resorting to internal party avenues of redress.

Counsel for the NPP prayed the court to dismiss the action in its entirety because according to him, it was a waste of the court process, vexatious and unmeritorious.

Peter Dadzie, counsel for Hoezame, responding to the motion, stated that the action by his client was against the National Executive Committee (NEC) which according to the party's constitution, was the highest decision making body and so his client could not have dealt with the NEC.

Counsel said Hoezame was complaining about the laws of natural justice which was why he took the issue to court.

He further stated that even at not have availed himself of the process which counsel for NPP was talking about.

According to him, counsel for the NPP should not have described their action as frivolous because it had caused them to remedy some things within the party.

The NPP was represented by Prof Mike Oquaye, Chairman of the Party's Constitutional and Legal Committee, Mike Oquaye Jnr, Godfred Yeboah-Dame and Andy Appiah Kubi.

Mr Freddie Blay, First National Vice Chairman of the party, was also in court.

By Fidelia Achama