ICU Interim Management Committee files papers in contempt case
Gilbert Boyefio, Alexandra Murdoch
27-01-09
Following the recent matter of application for contempt, the Interim Management of the Industrial and Commercial Workers Union has filed their affidavit in opposition to the application brought against them by Napoleon Kpoh, National Chairman of the ICU, and A Y B Salifu.
The court however has adjourned the case to February 6 to enable counsel for the applicants, who were short served, time to study and respond to the affidavit in opposition.
The defendants in the contempt case, namely Gilbert Awinongya, and Solomon Kotei, Acting General Secretary and Deputy respectively of the IMC of the ICU are praying the court in their sworn affidavit in opposition that the application be dismissed and punitive costs awarded against the applicants.
They indicated that they are vehemently opposed to the same. According to them, they shall seek leave of the court to refer to all documents filed so far in this case and all.
The defendants also hope at the hearing of the application to raise a preliminary objection to the application because they believed that it is incompetent before the Court.
They further argued in their affidavit in opposition that on January 12, 2009, the court heard legal arguments in respect of the application for injunction and refused to restrain the National Executive Council from organizing the 8th Quadrennial Delegates Conference of the Union from January 13th-15th 2009 at the KNUST but only restrained the Union from conducting elections at the conference. To them, the National Executive Council organized the Delegates Conference in compliance with the Court’s orders and therefore believes that the present application is moot.
The defendants described paragraphs 8 and 9 of the affidavit in support of the applicants as false as they (applicants) are no longer members of the ICU. They explain that Mr A Y B Salifu no longer belongs to the local union of SSNIT where he works and for a period of over three years has not paid any dues to the Union. Regarding Mr Napoleon Kpoh, he has since August 11, 2007 not belonged to any constituency within the Union and ceased to be a member of the Union since that date: “The applicants therefore have no interest in the Union whatsoever and I have not acted in any way to undermine the administration of justice or deny the applicants any rights they have,” the affidavit in opposition states.
On January 7, Napoleon Kpoh, Acting Secretary Generalof the ICU and A Y B Salifu filed an application for contempt of court against the three for disregarding the court by preparing to undertake a delegates’ conference from January 13 to 15 at the Kwame Nkrumah University of Science and Technology, Kumasi, and for which publications and nominations had been issued and received while a suit on the matter is still pending before the court. The applicants also pointed out that there was an interlocutory appeal on the injunction pending before the Appeal Court of justice.
They recalled that at the court’s sitting on July 11, 2008, lawyers for the defendants orally prayed the court to conduct a quadrennial delegates’ conference upon which the judge directed that they should bring an application to that effect for consideration. According to them, since then they (applicants) had not been served notice of any application by the defendants or their counsel for an order to prepare for the 8th quadrennial delegates conference.
“Their conduct seriously undermines the administration of justice of the court. We are advised by our counsel and verily believe same to be true that the defendants’ conduct has put the integrity of the court into public ridicule, odium and contempt,” they argued.
27-01-09
Following the recent matter of application for contempt, the Interim Management of the Industrial and Commercial Workers Union has filed their affidavit in opposition to the application brought against them by Napoleon Kpoh, National Chairman of the ICU, and A Y B Salifu.
The court however has adjourned the case to February 6 to enable counsel for the applicants, who were short served, time to study and respond to the affidavit in opposition.
The defendants in the contempt case, namely Gilbert Awinongya, and Solomon Kotei, Acting General Secretary and Deputy respectively of the IMC of the ICU are praying the court in their sworn affidavit in opposition that the application be dismissed and punitive costs awarded against the applicants.
They indicated that they are vehemently opposed to the same. According to them, they shall seek leave of the court to refer to all documents filed so far in this case and all.
The defendants also hope at the hearing of the application to raise a preliminary objection to the application because they believed that it is incompetent before the Court.
They further argued in their affidavit in opposition that on January 12, 2009, the court heard legal arguments in respect of the application for injunction and refused to restrain the National Executive Council from organizing the 8th Quadrennial Delegates Conference of the Union from January 13th-15th 2009 at the KNUST but only restrained the Union from conducting elections at the conference. To them, the National Executive Council organized the Delegates Conference in compliance with the Court’s orders and therefore believes that the present application is moot.
The defendants described paragraphs 8 and 9 of the affidavit in support of the applicants as false as they (applicants) are no longer members of the ICU. They explain that Mr A Y B Salifu no longer belongs to the local union of SSNIT where he works and for a period of over three years has not paid any dues to the Union. Regarding Mr Napoleon Kpoh, he has since August 11, 2007 not belonged to any constituency within the Union and ceased to be a member of the Union since that date: “The applicants therefore have no interest in the Union whatsoever and I have not acted in any way to undermine the administration of justice or deny the applicants any rights they have,” the affidavit in opposition states.
On January 7, Napoleon Kpoh, Acting Secretary Generalof the ICU and A Y B Salifu filed an application for contempt of court against the three for disregarding the court by preparing to undertake a delegates’ conference from January 13 to 15 at the Kwame Nkrumah University of Science and Technology, Kumasi, and for which publications and nominations had been issued and received while a suit on the matter is still pending before the court. The applicants also pointed out that there was an interlocutory appeal on the injunction pending before the Appeal Court of justice.
They recalled that at the court’s sitting on July 11, 2008, lawyers for the defendants orally prayed the court to conduct a quadrennial delegates’ conference upon which the judge directed that they should bring an application to that effect for consideration. According to them, since then they (applicants) had not been served notice of any application by the defendants or their counsel for an order to prepare for the 8th quadrennial delegates conference.
“Their conduct seriously undermines the administration of justice of the court. We are advised by our counsel and verily believe same to be true that the defendants’ conduct has put the integrity of the court into public ridicule, odium and contempt,” they argued.
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