Supreme Court Dimisses CENCORD's Motion
The Supreme Court has thrown out a motion filed by the Centre for Constitutional Order (CENCORD) to restrain a member of the Council of State, Mr J.H. Owusu-Acheampong, from holding himself as the Campaign Manager for President J.E.A. Mills in his contest for the 2012 flag-bearer slot of the National Democratic Congress (NDC).
"The applicant has not shown that Mr Owusu-Achempong has threatened to act or is acting in his new position. These are prerequisites for the grant of interim injunction," the Presiding Judge, Mr Justice William Atuguba, declared after counsel for CENCORD had failed to convince the court to grant the application for injunction.
"There is no clear articulation of thought. In the circumstance, we find it difficult to grant the application for interim injunction. The application is, accordingly, dismissed," the court held in a unanimous decision.
Other members of the panel were Justice Sophia Akuffo, Professor Justice F.K. Date-Bah, Justice Julius Ansah, Justice Sophia Adinyira, Justice Rose Owusu, Justice B.T. Aryeetey, Justice N.S. Gbadegbe and Justice Vida Akoto-Bamfo.
Counsel for CENCORD, Mr Dennis Ofosu-Appiah Ofosuapea, had earlier been subjected to a barrage of questions from panel members when he moved the motion.
In the substantive suit, CENCORD is challenging the President's decision to appoint Mr Owusu-Acheampong as his Campaign Manager for the NDC flag-bearer contest for Election 2012.
The Supreme Court is expected to hear the suit on a latter date.
The applicant, who joined the Attorney-General and Minister of Justice along with the President and Mr Owusu-Acheampong in the suit, is claiming that the appointment of Mr Owusu-Acheampong and the acceptance of same by him "are acts that are inconsistent with or in contravention of the letter and spirit of the 1992 Constitution.