Honest Judge Admits ‘My Ruling Will Split NDC’

A Kumasi High Court judge hearing the case against the National Executive of the National Democratic Congress (NDC), Mr Justice Jacob Boon, has stated emphatically that his ruling is bound to split the ranks of the party.

To avoid this, he again advised the parties involved in the matter to strive and settle the case out of court to maintain unity in the party, adding that it was not the young man (the plaintiff, Mr Linus Njonolah) alone who was pursuing the case but there were heavy weights within the party who were behind him.

Ruling
Ruling on the substantive case, which included the guidelines by the party for the regional and national elections which the plaintiff described as null and void and the claim that the national executive have overstayed their term in office, has been fixed for October 27, 2014.

Advice to lawyers
Mr Justice Boon told the lawyers representing the NDC and the plaintiff to bear in mind that anytime a client came to them for legal advice, they were not compelled to go to court, but as learned persons they could advise them on what to do, including out-of-court settlement.

“If they refuse to listen to you, leave them. That is why you are learned. It is not every case that must come to court,” he added.

Advice to parties
He stated that after meticulously going through the Constitution of the party and the processes filed by both lawyers, he had become aware of where the judgment would go.

Mr Justice Boon, therefore, noted that it was prudent for the litigants to take advice from their lawyers and, in the spirit of give-and-take and co-operation, settle the matter out of court “because whichever way it is decided, the judgement was bound to split the party.

Earlier ruling
Earlier yesterday, Justice Boon ruled in favour of the NDC on a preliminary legal challenge raised by Mr Datsomor, the counsel for the plaintiff, Mr Njonolah, challenging the competence of the application filed by the NDC.

Mr Datsomor pointed out that the registration number of the chamber of the counsel for NDC was conspicuously absent from the face of the two processes, the notice of appearance and the motion to set aside the plaintiff motion.

On the substantive case, the counsel for the NDC, Nana Kwesi Boitey, argued that the motion filed by Lawyer Datsomor was flawed in law because the NDC was a legal body that could sue and be sued.