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13.12.2005 General News

Supreme Court strikes out suit against NDC

By GNA
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Accra, Dec. 13, GNA - The Supreme Court on Tuesday struck out a writ brought before it by one Karl Gray Kwasi Intsiful challenging the position of Former President Jerry Rawlings as founder of the National Democratic Congress (NDC). The five-member panel presided over by Ms Justice Sophia Akuffo arrived at the decision after Mr Fredua Agyeman, counsel for Intsiful, informed the Court that he had withdrawn the suit. The four other members of the panel were Dr Justice Seth Twum, Dr Justice Date Baah, Professor Justice Tawiah Modibo Ocran and Mr Justice R. T. Aninakwah.

Counsel told the Court that he was withdrawing the writ because it contained certain flaws, but he did not indicate what those flaws were. Consequently, the Court struck out the application as having been withdrawn. The Court did not award any cost against the Plaintiff. When the case was called, Mr Intsiful was absent. Mr Bede Ziedeng, Acting General Secretary of the NDC and its representative were also not in court, but they later showed up. Mr Kwaku Baah was there to defend the Party while Mr Ayikoi Otoo, Attorney - General, who was served with a copy of the writ, was also present.

Mr Intsiful, a resident of Senya-Adawso in the Central Region, filed the suit seeking a declaration from the Supreme Court against the NDC that in law, former President Rawlings was not the founder of the Party. He was also praying the Court to declare that the NDC's Constitution, which portrayed an individual as the sole founder of the Party, was not consistent with the 1992 Constitution. In a statement in opposition, Mr Baah submitted that the NDC had been in existence since its founding in 1992, under the leadership of former President Rawlings.

Counsel further submitted that no part of the Party's Constitution was a breach of the 1992 Constitution or any law of the land. Mr Baah stated that on the question of the founding and registration of NDC, the Party complied with all the provisions of the Constitution and all the laws in the statute books. He contended that the writ was not only brought in bad faith, but it was also calculated to embarrass NDC, create confusion among the rank and file of members and not to advance any democratic cause. Mr Baah, therefore, prayed the Court to dismiss the writ. Among NDC functionaries present in court were Dr Tony Aidoo, former Deputy Minister of Defence; Squadron Leader Clend Sowu, former Member of Parliament for Anlo and Mr Victor Smith, Special Assistant to former President Rawlings.

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