The Founder of the United Progressive Party (UPP), Akwasi Addai Odike aka Odike has been hit with a law suit by the National Executives Committee (NEC) of his own party.
Even though Odike is yet to pay the Ghc100,000 filing fee to the Electoral Commission (EC) to be officially confirmed as fit to contest the presidential election on the ticket of the UPP, his party has thrown a cobweb of legal charges against him.
The NEC says he is not the legitimate person to run on the ticket of UPP.
The plaintiff, Adjei Akrong filed the suit at the Obuasi High Court seeking a perpetual injunction restraining Akwasi Addai from parading himself as the Flagbearer of the party.
Below is the plaintiff's claim against the defendant:
a. A declaration that the defendant is not the flagbearer of UPP to contest the upcoming 2020 General elections in Ghana on the ticket of the party.
b. A declaration that the defendant is not the legitimate person to appoint persons to run on the ticket of the UPP to contest the upcoming 2020 parliamentary elections in various constituencies of Ghana.
c. A declaration that the defendant cannot suo moto replace the constitution of UPP without recourse to the National Executives Committee of the UPP.
d. A declaration that any appointment made by the defendant of anybody to run on the ticket of the UPP as a parliamentary candidate in any cinstituency in Ghana without recourse to the NEC of the UPP is void.
e. Perpetual injunction restraining the defendant, his agents, servants, privies, workmen, assigns, etc from holding him out as flagbearer of the UPP to contest the 2020 presidential elections in the upcoming general elections in Ghana on the ticket of the party, UPP.
Cost including solicitors fee.
First day at the Court
On the first day of hearing at the Obuasi High Court, the lawyer for the defendant (Lawyer Kwame Owusu Sekyere) prayed the court to allow him use legal objection to quash the suit. However, the plaintiff's lawyer said if he, Kwame Owusu had wanted to do so then he should not have filed an affidavit in opposition to the claims against his client Mr Akwasi Addai Odike. The judge said same and further indicated that, that is not the procedure.
The lawyer for Odike also raised the issue of the place of abode of the defendant in respect of the forum court but the council for the plaintiff said the defendant has businesses in all parts of Ghana which Obuasi is one and even the affidavit in opposition bears the address of the defendant as someone who lives in Accra.
Finally, the council for the defendant turned the agreement on the bailiff of the court and said he overheard the bailiff coaching the plaintiff that he should tell the court that his lawyer has reached the barrier just close to the court premises.
His Lordship asked for the day of adjournment to help the council for the plaintiff responds to the affidavit in opposition accordingly. The council for Plaintiff said it will be on the 30th of September 2020 but the lawyer for the defendant objected to that insisting one day will be enough but his Lordship overruled the objection.
Next meeting will entertain the legal objection of the defendant and the response of the plaintiff to the affidavit in opposition and rebate the legal objection accordingly.
Check suit below: