Court petitions Chief Justice to transfer ICU case - as another restrains election as ICU Confab
Gilbert Boyefio
12/01/09
An Accra Fast Track High Court presided over by Justice Edward Amoako Asante, has stated that it would request the Chief Justice to transfer an application for interlocutory injunction filed by members of the Industrial and Commercial Workers Union to any of the two labour courts established by the judicial service.
According to the judge, the matter which had been placed before him should be transferred to any of the two labour courts, which are specially designed to sit on such matters, for appropriate action. He said due to the urgent nature of the case he would write to the Chief Justice immediately for action to be taken.
Earlier on, Albert Adaare, Counsel for the Interim Management Committee of the Industrial and Commercial Workers Union and five others, informed the court that a similar application to the one before it had been placed before the Fast Track High Court 5 by another party. He told the court that the judge at the Fast Track High Court 5, ruled that it could not restrain the ICU from holding a conference but restrained them from holding election. Mr Adaare therefore, suggested to the court that in order that both courts were not seen to be giving different orders on the same matter, it should adopt the decision of the other court.
This, however, did not go down well with Counsel for the applicants, Peter Zwennes, who objected to it. He told the court that they were willing to move and argue their matter out accordingly.
It was at this juncture that the judge, Justice Asante, informed both parties of his decision to request the Chief Justice to transfer the case to any of the two labour courts. “I have come to my own decision which is not based on the merits of the case,” he explained.
The two members of the ICU, Dave Agbenu, New Times Corporation and George Foster Amanor, Polytank (Ghana) Limited, are seeking an order from the court restraining the Union from holding its 8th Quadrennial Delegates’ Congress that commences Tuesday January 13th in Kumasi and ends on January 15.
They contended that the formation and appointment of the Interim Management Committee was fraudulently done, and is illegal, unconstitutional and in violation of the Constitution of the ICU; and as such the IMC had no right to convene the delegates’ conference. They are further seeking a declaration from the court that all constitutionally elected national officers of the ICU, excluding Gilbert Awinongya, Solomon Kotei and Theophilus Tenkorang, should continue in office in the positions held prior to August 2, 2007, until the 8th Quadrennial Delegates’ conference of the ICU is duly held.
12/01/09
An Accra Fast Track High Court presided over by Justice Edward Amoako Asante, has stated that it would request the Chief Justice to transfer an application for interlocutory injunction filed by members of the Industrial and Commercial Workers Union to any of the two labour courts established by the judicial service.
According to the judge, the matter which had been placed before him should be transferred to any of the two labour courts, which are specially designed to sit on such matters, for appropriate action. He said due to the urgent nature of the case he would write to the Chief Justice immediately for action to be taken.
Earlier on, Albert Adaare, Counsel for the Interim Management Committee of the Industrial and Commercial Workers Union and five others, informed the court that a similar application to the one before it had been placed before the Fast Track High Court 5 by another party. He told the court that the judge at the Fast Track High Court 5, ruled that it could not restrain the ICU from holding a conference but restrained them from holding election. Mr Adaare therefore, suggested to the court that in order that both courts were not seen to be giving different orders on the same matter, it should adopt the decision of the other court.
This, however, did not go down well with Counsel for the applicants, Peter Zwennes, who objected to it. He told the court that they were willing to move and argue their matter out accordingly.
It was at this juncture that the judge, Justice Asante, informed both parties of his decision to request the Chief Justice to transfer the case to any of the two labour courts. “I have come to my own decision which is not based on the merits of the case,” he explained.
The two members of the ICU, Dave Agbenu, New Times Corporation and George Foster Amanor, Polytank (Ghana) Limited, are seeking an order from the court restraining the Union from holding its 8th Quadrennial Delegates’ Congress that commences Tuesday January 13th in Kumasi and ends on January 15.
They contended that the formation and appointment of the Interim Management Committee was fraudulently done, and is illegal, unconstitutional and in violation of the Constitution of the ICU; and as such the IMC had no right to convene the delegates’ conference. They are further seeking a declaration from the court that all constitutionally elected national officers of the ICU, excluding Gilbert Awinongya, Solomon Kotei and Theophilus Tenkorang, should continue in office in the positions held prior to August 2, 2007, until the 8th Quadrennial Delegates’ conference of the ICU is duly held.
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