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COURT CASE AGAINST NEW
PATRIOTIC PARTY THROWN OUT
In the High Court Accra
In the Court of Mr Justice Arkaah – Boafo (Court 6 –
General)
Oppong Kyekyeku
v
1) NPP
2) Rev. Asante Antwi
3) Mr. C.K. Tedam
Case
While Mr. Paul Afoko, the suspended Chairman, of the
NPP was the subject of the case before the National
Disciplinary Committee of the NPP, one Mr. Oppong
Kyekyeku sued the Party (NPP), Most Rev. Dr. Asante
Antwi and Hon. C.K. Tedam, Chairman of the NPP
Council of Elders, in the High Court, Accra.
Suing clearly on behalf of Mr. Afoko, but without
saying so, Mr. Kyekyeku reaffirmed certain issues
raised by Mr. Kwabena Agyepong, General Secretary of
the NPP, and sought to halt the proceedings of the
Party’s National Disciplinary Committee.
Mr. Kyekyeku sought the following reliefs:
a) A declaration that the 2nd Defendant by inviting
the National Chairman to appear before it based on
the petition of the 3rd Defendant violates Article
4(3) (d) of the 1st Defendant’s constitution.
b) A declaration that 3rd Defendant as an organ
cannot bring a petition against any member of the
National Executive and that its present petition to
the 2nd Defendant against the National Chairman
violates Article 4(3) (d) of the 1st Defendant’s
constitution.
c) An order by the Honourable Court directed at the
3rd Defendants to comply with the procedure required
under Article 4(3) (d) of the 1st Defendant’s
constitution to go through the National Council with
its petition through a member of the party against
any National Executive Member.
d) An order of interim injunction directed at the
2nd Defendant not to hear any complaint against the
National Chairman by the 6th October, 2015.
e) An order of perpetual injunction directed at the
2nd Defendant not to hear any complaint against the
National Chairman without following the laid down
procedures provided by the NPP bylaws.
f) Cost
Solicitor for the Party, Mr. Godfred Dame, appointed
by the Constitutional and Legal Committee of the NPP,
filed Appearance, Statement of Defense and
Opposition to the Plaintiff’s Application for
Interim Injunction.
Particularly, the Party’s lawyers filed a Motion to
Dismiss the Claim of Mr. Kyekyeku altogether on
several legal grounds, including the non-exhaustion
of internal remedies of the NPP. The lawyers were
heard and written submissions ordered by the Court.
Today, 4th November 2015, the High Court presided
over by Mr. Justice Arkaah-Boafo gave judgement
dismissing the entire suit of Mr. Kyekyeku. He said
the suit, indeed, was premature. That when people
join a voluntary organisation, they must abide by
the internal processes of the organisation they have
freely joined. When those internal mechanisms have
been fully exhausted, only then can a person seek
redress in Court. The judge upheld the submissions
of counsel for the NPP in the process.
Incidentally a very vital aspect of the drama was
the issue as to which lawyer actually represents the
NPP. The Law Office of Mr. S.K Boafo appointed
lawyers for the NPP from Kumasi on the written
authority of Mr. Paul Afoko. Prof. Mike Oquaye
vehemently opposed this verbally in open Court and
said he (Prof. Oquaye) was the appropriate person to
appoint lawyers together with the Constitutional and
Legal Committee of the NPP, of which he was
Chairman. The Court thereby struck out the
Appearance that came from Lawyer Boafo’s office
signed by Mr. Yaw Boafo. This was on the 27th
October, 2015.
Today, 4th November, when the case came for Ruling,
the Afoko-appointed lawyers came again with
authorisation signed by Mr. Afoko. The Court refused
their interventions and ruled against them.
Some issues arise:
Firstly, why will Mr. Afoko force to appoint lawyers
for the NPP when the Constitutional and Legal
Committee has done so since 1992 when the party was
formed?
Secondly, why will Afoko force to appoint such
lawyers when the suit has been filed by someone who
stated plainly that he had filed the suit solely to
protect the interest of Mr. Afoko?
Thirdly, the world should know that the lawyers
appointed by Mr. Afoko (S.K. Boafo & Co.) only filed
an appearance and at the material time FAILED to
file an Affidavit in opposition to the Plaintiff’s
Application for Injunction which was fixed to be
heard on 27 October 2015. This was unprofessional,
collusive strategy to allow an injunction to be
obtained against a reputable party like the NPP in
an unmeritorious suit and manner. The
counter-instructions given by Prof. Oquaye and
effected by Lawyer Dame saved the day. This is a
very serious development.
Fourthly, why should Mr. Afoko force his way to
intervene in the case when he knows clearly he has
been suspended by the unanimous decision of the
National Executive Committee (NEC) of the NPP?
Notably, at its meeting on Tuesday, 3rd November,
the National Executive Committee and the National
Council unanimously re-affirmed the authority of the
Constitutional and Legal Committee as the sole organ
in the Party to appoint lawyers for the Party. All
suits must be referred to the committee as has
always been done since 1992.
It goes without saying that Mr. Afoko should be
advised to exhaust the internal remedies of the
Party every step of the appeal to the National
Council which he is entitled to do.
Finally, it should be a good piece of advice to all
members of the party that it is settled law that
unless they proceed to exhaust all remedies provided
under the Party’s Constitution, they will fail in
any Court of Law. There is ample settled law on the
matter.
Could you imagine if this was otherwise? Politics is
a competitive game with several opponents. If in a
contest between Parties A and B, Party A secures
some 100 people planted in Party B to bring
frivolous suits nationwide and cause trouble and
instability without recourse to internal remedies,
can you imagine how damaging this could be? He/she
who have ears to hear, let him/her hear!
……signed……
C.K. Tedam
Chairman, NPP Council of Elders
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