Court upholds Freddie Blay's election
Gilbert Boyefio
10/10/2008
An Accra Fast Track Court yesterday quashed the judgment of the Central Committee of the Convention People's Party that nullified the Ellembele Constituency parliamentary primary held on August 23, 2008.
The judgment of the court therefore upheld the result of the primary to elect Freddie Blay as the CPP's parliamentary candidate as proper, valid and in compliance with the party’s constitution.
According to the court, by Article 48 (f) of the CPP constitution, the Central Committee of the CPP after issuing their press release, which was lifted from a meeting held on 28th August on the primary, should have referred the matter to the Constituency to be addressed instead of declaring it null and void. The judge consequently held that the action of the Central Committee was ultra vires.
The court has further restricted the Constituency from holding any further primary. A cost of GH¢500 was awarded against each of the defendants.
The aggrieved MP, who is also the First Deputy Speaker of Parliament, sued the CPP and six of its leading members, including the flag bearer, Dr Paa Kwesi Nduom, seeking a declaration that the primary held to elect him as the party’s parliamentary aspirant was proper, valid and in compliance with the party’s constitution.
Mr Blay and five others, namely, Francis Quayson, Kwasi Kutea, Kwame Appreh, Samuel Akainyah and Kwasi Andoh, are also seeking an order of certiorari to quash the decision of the Central Committee which nullified Mr Blay’s election on the grounds that the decision was without jurisdiction, against the CPP’s constitution and, therefore, unlawful.
Also joined in the suit alongside Dr Nduom are the CPP Chairman, Ladi Nylander; the Vice-Chairman, Abu Sakara; the General Secretary, Ivor Greenstreet; the Treasurer, Mike Eghan, and Kosi Dedey, the Spokesperson.
Counsel for the defendants, Mr Yao Yegbey, prayed the court to dismiss the application on the grounds that the party did not nullify Mr Blay’s re-election. According to counsel, Mr Blay did not exhaust the processes set out in the party’s constitution for aggrieved party members.
He said it was a contractual agreement for Mr Blay to obey the rules and regulations of the party, adding that the claim by Mr Blay that the party had violated his fundamental human rights was a fallacy.
Responding, counsel for the applicants, Mr Godfred Yeboah Dame, said the arguments by counsel for the defendants were misleading and unmeritorious, especially when it was clear that the Central Committee of the party had acted in excess of its jurisdiction.
Counsel argued that the committee had the power to either approve or object, but not to nullify the election of a candidate.
He prayed the court to declare that the primary held on August 23, 2008 to elect Mr Blay as the CPP’s parliamentary candidate was proper, valid and in compliance with the party’s constitution.
He also prayed the court to declare that Mr Blay was the properly elected CPP parliamentary candidate for the Ellembele Constituency, as well as grant an order of mandamus compelling Mr Dedey and the Central Committee of the party to hold Mr Blay as the duly elected CPP parliamentary candidate for Ellembele.
The applicants are also seeking an order prohibiting the respondents or any agent, organ or officer of the respondents from organising any primary for the election of a CPP parliamentary candidate for Ellembele, as well as an interim order directed at the respondents and their agents from engaging in media attacks on Mr Blay or make any disparaging statement in the public against the applicants pending the final determination of the application.
10/10/2008
An Accra Fast Track Court yesterday quashed the judgment of the Central Committee of the Convention People's Party that nullified the Ellembele Constituency parliamentary primary held on August 23, 2008.
The judgment of the court therefore upheld the result of the primary to elect Freddie Blay as the CPP's parliamentary candidate as proper, valid and in compliance with the party’s constitution.
According to the court, by Article 48 (f) of the CPP constitution, the Central Committee of the CPP after issuing their press release, which was lifted from a meeting held on 28th August on the primary, should have referred the matter to the Constituency to be addressed instead of declaring it null and void. The judge consequently held that the action of the Central Committee was ultra vires.
The court has further restricted the Constituency from holding any further primary. A cost of GH¢500 was awarded against each of the defendants.
The aggrieved MP, who is also the First Deputy Speaker of Parliament, sued the CPP and six of its leading members, including the flag bearer, Dr Paa Kwesi Nduom, seeking a declaration that the primary held to elect him as the party’s parliamentary aspirant was proper, valid and in compliance with the party’s constitution.
Mr Blay and five others, namely, Francis Quayson, Kwasi Kutea, Kwame Appreh, Samuel Akainyah and Kwasi Andoh, are also seeking an order of certiorari to quash the decision of the Central Committee which nullified Mr Blay’s election on the grounds that the decision was without jurisdiction, against the CPP’s constitution and, therefore, unlawful.
Also joined in the suit alongside Dr Nduom are the CPP Chairman, Ladi Nylander; the Vice-Chairman, Abu Sakara; the General Secretary, Ivor Greenstreet; the Treasurer, Mike Eghan, and Kosi Dedey, the Spokesperson.
Counsel for the defendants, Mr Yao Yegbey, prayed the court to dismiss the application on the grounds that the party did not nullify Mr Blay’s re-election. According to counsel, Mr Blay did not exhaust the processes set out in the party’s constitution for aggrieved party members.
He said it was a contractual agreement for Mr Blay to obey the rules and regulations of the party, adding that the claim by Mr Blay that the party had violated his fundamental human rights was a fallacy.
Responding, counsel for the applicants, Mr Godfred Yeboah Dame, said the arguments by counsel for the defendants were misleading and unmeritorious, especially when it was clear that the Central Committee of the party had acted in excess of its jurisdiction.
Counsel argued that the committee had the power to either approve or object, but not to nullify the election of a candidate.
He prayed the court to declare that the primary held on August 23, 2008 to elect Mr Blay as the CPP’s parliamentary candidate was proper, valid and in compliance with the party’s constitution.
He also prayed the court to declare that Mr Blay was the properly elected CPP parliamentary candidate for the Ellembele Constituency, as well as grant an order of mandamus compelling Mr Dedey and the Central Committee of the party to hold Mr Blay as the duly elected CPP parliamentary candidate for Ellembele.
The applicants are also seeking an order prohibiting the respondents or any agent, organ or officer of the respondents from organising any primary for the election of a CPP parliamentary candidate for Ellembele, as well as an interim order directed at the respondents and their agents from engaging in media attacks on Mr Blay or make any disparaging statement in the public against the applicants pending the final determination of the application.
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