The Fast Track High Court on Monday dismissed an application for stay of execution filed by Mr Newlove Kupualor, former National President of the Association of Building and Civil Contractors of Ghana (ABCCG) against its ruling of September 19.
The court, presided over by Mr Justice Sam Baddoo granted an application by Mr Samuel Obeng, Central Regional Chairman of the association seeking a declaration that Mr Kupualor who had overstayed his term of office be removed.
The court ordered his removal and consequently tasked the Electoral Commissioner to ensure that the association elected a new president within six weeks.
Not satisfied with the court's ruling, Mr Kupualor filed an application for stay of execution of the orders pending the hearing and determination of an appeal at the Court of Appeal against the judgement.
Mr Somuah Asamoah, Counsel for Mr Kupualor submitted that there was a serious part of the law relating to the matter that had to be argued at the appellate court.
Counsel said since there was the likelihood of his client's appeal succeeding, he would suffer irreparable loss if the stay of execution was not granted.
Counsel said even though his client's tenure expired on January 14 of last year, the election of a new president to take over from him had to delay because it could only be held after the out-going executives had given account of their stewardship.
Mr Asamoah said regional offices of the association failed to submit their accounts to headquarters to be incorporated into the national accounts, hence the delay.
Mr William Ofori Boafo, Counsel for Mr Obeng, however, held that Mr Kupualor was elected into office on January 14, 1996, and that by simple calculation his four-year term expired on January 14, 2000.
Counsel submitted that since the association's constitution stipulates that fresh elections be held every four years, the question of non-submission of regional accounts was no excuse to delay the elections.
Dismissing the application, Mr Justice Baddoo said by continuing to remain in office as National President even when his term of office had expired, Mr Kupualor "wants to perpetrate an illegality."
Mr Justice Baddoo said since the Court of Justice "does not condone illegality," he did not see the reason why Mr Kupualor should still hold himself as National President when he well knew that he had overstayed his tenure.
He said the matter to be determined was a question of fact and not that of law and there was no justification to entertain the application.
The court awarded cost of three million cedis against Mr Kupualor and cautioned that costs totalling six million cedis, which were awarded against him since the action started "be paid before he takes any further step in this matter."
