Dr Tony Aidoo,a leading member of the National Democratic Congress (NDC),has said that the suspension of Dr Nii Josiah Aryeh General Secretary of the party)was illegal.
He said Dr Aryeh should have been interdicted during the investigation because to suspend him meant that Dr Aryeh was culpable even before the committee set up to investigate the case, finished its work.
He said Dr Aryeh should have been interdicted while investigations went on and added that, the FEC was also an administrative body of the NEC and could not take a decision on membership matters of a NEC member.
In an interview, Dr Aidoo, said the FEC based its argument on Article 39 of the party?s constitution which he said, only mentioned that, an executive committee of the party could take such an action but even that it never specified whether it should be FEC or NEC.
He said in this case,it was only the NEC that could define and interpret the spirit and letter of the constitution and indicate which organ has the mandate to execute that action.
Dr Aidoo said aside Article 39 there was Article 40 of the party?s constitution, which says that where there was a grievance against a NEC officer the proper body to deal with the issue was the NEC and added that this nullified the FEC decision.
He also argued that the FEC took the decision without the blessing of the NEC and even the Bagbin committee that was set up to investigate the case was not known by the NEC and also, never communicated its decision to the NEC. Dr Aidoo said the actions of the FEC, aside being illegal had also usurped the functions of the NEC.
According to Dr Aidoo, Dr Aryeh wrote a letter to the NEC objecting to the decision of the FEC to suspend him but his appeal was not heeded to.When reached for their comments the Deputy General Secretary of the party, Baaba Jamal declined to comment on the issue.
On December 21, 2004 the NDC suspended Dr Aryeh. This follows an interim report submitted by a committee appointed to investigate the circumstances surrounding Dr Aryeh?s relationship with the New Patriotic Party (NPP) in the run-up to the December general election.
A statement issued in Accra and signed by the National Chairman of the NDC, Dr Obed Asamoah, said the FEC of the party took the decision at its meeting in Accra yesterday. ?A final decision will, however, be taken by the NEC on the matter after the committee had submitted its final report in January 2005,? it said.
The statement said, ?In the absence of Dr Aryeh, Mr Bede A. Ziedeng,Deputy General Secretary in-charge of Operations,had been appointed to act as the General Secretary?.
When the Graphic reached him on phone for his reaction, Dr Aryeh just said,?Thank you and bye bye?.
Early December 2004,the NDC initiated investigations into the alleged meeting between Dr Aryeh and some executive members of the NPP.