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12.10.2005 Crime & Punishment

Court rejects NPP Regional Chairman's injunction suit

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Ho, Oct. 12, GNA- Mr Justice Gibson K. Adzagli, Presiding over a Ho High Court on Wednesday rejected a plea by Mr Kenwuud Norwusu, Volta Regional Chairman of the New Patriotic Party (NPP) and Mr Peter Akotey, Buem Constituency Chairman of the Party to throw out a motion seeking to place an injunction on the Buem constituency elections. Mr Justice Adzagli consequently fixed Thursday October 20, to hear the motion seeking the court to place an injunction on the elections. Mr Charles Bani Nyarko, Constituency Secretary of the NPP, who is seeking the court injunction claims the organizers were about to use a doctored electoral list.

Mr Nuworsu and Mr Kotey, who were represented by Mr Charles Tettey and Mr Komla Onny both Accra based Lawyers, in their statement, said Mr Nyarko did not exhaust party procedures in settling disputes before going to court.

The statement said Mr Nyarko was only an ordinary card- bearing member of the Party and further that the court would be inundated by similar cases if it went ahead to hear the motion.

Mr Justice Adzagli however, held that the article in the NPP constitution barring members from going to court without recourse to the conflict resolution procedures was not applicable in this case since the motion was not against the party but two erring members. He said the plaintiff resorted to the court when his attempt to get redress from the Regional Chairman of the Party failed.

Mr Justice Adzagli said besides the party executives exhibited actions indicating they were continuing with preparations for the elections despite protestations from the plaintiff. He said the plaintiff in his coming to court was only trying to "stop them in their track and compel them to do the right thing". Mr Adzagli dismissed the view of the respondents that courts could be inundated with similar cases if Mr Nyarko's motion was heard as based on conjecture.

The Judge said he did "see the respondents as people willing to comply with orders from their superiors" and therefore refused the plea of the defendants and awarded a million cedis cost against them. Mr Nyarko is seeking an injunction on the elections because of his claim that the constituency chairman had replaced 30 names from the authentic delegates list of the constituency. He claimed that an NPP National Headquarters order directs that the 2004 delegates list for the constituency and regional delegates congresses be the only list to be used for similar elections this year. Mr Nyarko is being represented by Mr Akwasi Bosempeng, an Accra based Lawyer. 12 Oct 05

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