Court To Decide On NPP

The Application filed by the New Patriotic Party (NPP) for an Accra Fast Track high court, presided over by Justice P. Ofori-Atta, to strike out the

entire action by David Hoezame, who last month failed to stop the party from holding its Super Delegates' congress, will be considered on September 30, 2014.

This was after the counsel for the party moved his application and Peter Dadzie, counsel for Hoezame, responded by saying their action was justified.

Hoezame was not in court, neither did he file any response; but his lawyer made an oral submission.

Godfred yeboah-Dame, counsel for the party, told the court that under Article 52 (2) of the 1992 Constitution, every citizen had the right to join a political party of his/her choice or otherwise.

He said the NPP, which Hoezame claims to be part of, has a constitution which seeks to regulate the behaviour of its members, noting that the same constitution also provides an avenue for grievances of fellow party members to be addressed, especially when it borders on decisions taken by the party's 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 has not ousted the jurisdiction of the court.

Explaining further, he said the party member had not availed himself to these avenues of redress, neither did he allege that these avenues were non-existent, observing that it is in the public's interest that party matters are settled at 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, thus, prayed the court to dismiss the action in its entirety because, according to him, it was a waste of court process, vexatious and unmeritorious.

Peter Dadzie in his response 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. For this reason, he argued, his client could not have dealt with 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 at the time the action was filed, there was no NEC, so his client, who is the former Central Tongu Constituency Chairman, could not have availed himself to the process which counsel for NPP had spoken about.

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

Counsel for Hoezame therefore prayed the court not to dismiss the action.

Yeboah-Dame, who responded on points of law, told the court that the main reason for Hoezame's action was the election of regional representatives, noting that the one-time constituency chairman never said anything about NEC.

The trial judge consequently had the case adjourned for a ruling.

The NPP wants a declaration that party members should exhaust internal mechanisms put in place by the party for aggrieved members before coming to court.

The NPP member filed an application to stop his party from going to congress to prune down the aspirants from seven to five, but the application was dismissed.

The court had dismissed a similar application initiated by Hoezame to restrain the party from vetting the aspirants.

Justice Ofori-Atta had observed that the plaintiff had not exhausted the internal mechanisms put in place by the party for aggrieved members to seek redress.

According to him, Hoezame should have exhausted all avenues of redress before heading to court.

The NPP was represented by Prof Mike Oquaye, Chairman of the party's Constitutional and Legal Committee, his son Mike Oquaye Jnr, and Godfred Yeboah-Dame.

By Fidelia Achama