From Frying Pan To Fire: Suspension Of Nadowli/Kaleo Chairman Is Unconstitutional???*

The public eye is not getting off the NPP in the Upper West Region anytime soon as the showdown continues to raise many eyebrows and compel many political watchers to ask logical questions concerning the actions, reactions and inactions of the party leadership in the region.

For those of us who may not know what I am talking about, I am taking you to Nadowli/Kaleo where a petition was brought against the 2016 Parliamentary Candidate of the NPP in the Nadowli/Kaleo Constituency, Mr. Elvis Bonoemuleng Botah, by two concerned card bearing members of the party for allegedly indulging himself in various misconducts that, in their calculated opinion, pose a threat to the unity, peace, stability and formidability of the NPP in the constituency.

As directed by the party constitution, the petition was forwarded to the NPP Disciplinary Committee in the constituency. According to a detailed facts finding report that has since been made available to the public, the Disciplinary Committee is reported to have investigated the allegations leveled against Mr. Elvis Banoemuleng Botah, by a fairly constituted committee that en-panelled very distinguished elders of the party who have been with the party back in the days and have fought through tirelessly to nurture and grow the party to the admirable height it has gained in the *undefeatable* NDC strong hold.

Let me again, establish that the Disciplinary Committee members are well respected individuals who have distinguished themselves in both academia and their various professions, and are admired across the political divide for their well earned feet.

In the wisdom of these fair-minded revered elders, judging from the facts that they gathered from the investigation, they recommended an indefinite suspension for Mr. Elvis Banoemuleng Botah, the 2016 parliamentary Candidate for the party, and forwarded a report to the party elected executive committee, through the Chairman, for onward implementation.

In a letter signed by the constituency chairman for and on behalf of the constituency executives, the recommendation of the Disciplinary Committee was implemented.

Party members within and without the constituency reacted to this major news item with mixed mixed-feelings. As many hail the decision, some thought it was too hash a decision to take against one of their own, particularly when the victim was a parliamentary Candidate of the party.

However, be it as it may, one major reaction that has struck the logic of many, including some members of the NPP, is the speed and style of the NPP regional secretariat towards this issue. As the gyre and myre of confusion widen by the day, there is a seeming lack of leadership, authority and direction in what many describe as an interlude of personal interests choreographed by political inexperience.

In an open display of power play, an appointed Regional Communications Director of the NPP was made to usurp the powers of a Regional Secretary and issue a press release, in less than 24hrs, quashing the decision that was taken after months of investigation by the NPP revered disciplinary committee. Are they telling us that the Disciplinary Committee members themselves are not disciplined enough to what actions or inactions will make or break the party they all sacrificed to grow since the early 90s?

As it later emerged, many of the regional executives came out and openly distanced themselves from that release. They questioned the authenticity and authority of the release as the person who signed it has no such powers to do so. They explained that any such letter was supposed to be signed by the Regional Secretary following a well constituted executive committee meeting.

In a letter circulating on Social Media, signed by the Regional Chairman, we are again told that the NPP Nadowli/Kaleo Constituency Chairman, Mr. Martin Andonye, has been suspended.

The reason(s)? The suspension letter stated that the Regional Executive Committee has received a petition from some Members of the NPP in the Nadowli/Kaleo Constituency. The letter further stated that the petition has since been submitted to the regional disciplinary committee for investigations to be conducted into the petition to ascertain the facts and prescribe appropriate actions or sanctions, according to Article 4(3)a of the constitution.

Interestingly, article 4(3)a of the NPP constitution rather talks about the jurisdiction of a Constituency Disciplinary committee and not a Regional Disciplinary committee. The appropriate article that should have been referred to by the letter of suspension is Article 4(3)b, which talks about the jurisdiction of the Regional Disciplinary Committee. Was it a case of incompetence or Chairman S.B Kangberee was also MISLED like Nana Addo???

The letter of suspension, again, stated that the Nadowli/Kaleo Constituency chairman has been suspended in accordance with Article 3(7)1 of the NPP constitution. Sadly, unless in the case of a new constitution or wrong labelling, there is no such provision like article 3(7)1 in the NPP constitution. Another case of incompetence.

Article 3(F)1 of the NPP constitution which could be massaged to qualify as legal grounds for the suspension of Chairman Martin, was fortunately and unfortunately, repealed by the 2018 constitutional review committee of the NPP and was finally accepted by the highest decision making body of the party, Congress. And so in the new legal framework of NPP, with doctrines to the 2018 reviewed constitution, a member of the party can no longer be suspended pending hearing by the Disciplinary Committee.

We must also note that Chairman Martin Andonye, is an elected officer of the party and could only be removed from office under article 10(4) of the NPP constitution pending the holding of an Emergency Delegates Conference (Not a Disciplinary Committee) to sit on the matter and determine his fate. Before this, a petition signed by more than 40% of the delegates who voted at the Constituency executives election, must be submitted to the NPP regional executives. This is however not in ignorance of article 10(7) of the revised NPP constitution which gives power and authority to any other legitimate disciplinary action taken against any party officer.

And so, to the extend that these constitutional irregularities hold, the suspension of Chairman Martin Andonye, NPP Constituency Chairman for Nadowli/Kaleo, is unconstitutional, illegal and of no material effect.

...Signed...
Angan-mwini James
DCO, Nadowli/Kaleo