Accra, Aug. 16, GNA - An Accra Fast Track Court will on Monday, August 20, rule on an interlocutory injunction filed by Mr Napoleon Kpoh, Secretary General and Ahmed Y.B. Salifu, National Chairman of the Industrial and Commercial Workers Union (ICU) against its National Executive Council (NEC) and five members of a newly installed Interim Management Committee (IMC).
The court, presided over by Mr Justice Ofori Atta noted that plaintiffs had just filed supplementary affidavits in support of their case and he would need time to study them in order to rule on the matter.
The judge asked parties to conduct themselves properly. The National Executive Council of ICU recently announced the installation of an IMC to take over the running of the Union upon the expiry of the term of office of the executive of Mr Kpoh on August 10. Hundreds of anti-Kpoh members of the Union besieged the court on Thursday amidst heavy security presence. Some members carried placards which read: "NAPO give us a break", "ICU can progress without NAPO", "We don't like you any longer", "NEC acted in line with ICU constitution", "16 years of rule is enough."
The Greater Accra Regional Branch of ICU has thrown its weight behind the IMC. Members of the Brong Ahafo Regional Council have resolved to ensure that there was peace and tranquillity in the union by observing constitutional meeting procedures where motions were tabled for discussion and acceptable decisions taken.
The members also agreed that unconstitutional acts, issuance of threats and ultimatums should be avoided since the ICU members were known to be intelligent, circumspect and always unperturbed. The IMC, according to NEC, was to organize a delegates' conference this year to elect new members to run the affairs of the Union since the current leadership under Mr Kpoh could not raise the needed funds for the conference.
Mr C. K. Koka, counsel for the plaintiffs, told the court that the duration of the administration of Mr. Kpoh expires after the delegates' conference.
"We are not here to extend our tenure of office," he said, stressing that NEC could not be constituted without the chairman. According to Mr Koka, it was during the conference that new executive members would be elected and the old executives would hand over to the new one.
Mr Koka said NEC had no power to remove the General Secretary adding in the constitution of the ICU, 80 per cent of members could vote him out.
He pointed out to the court that a resolution passed without the General Secretary and its chairman was illegal and a nullity as it contravened the Union's constitution.
Plaintiffs' counsel said if the interlocutory was dismissed, plaintiffs would suffer irreparable damage. Mr Albert Adaare, who represented the defendants, told the court that Mr Kpoh's tenure of office had expired and this could not extended by the court.
According to Mr Adaare plaintiffs would not suffer any irreparable damage if the injunction was dismissed. "They are entitled to salaries and allowances, which we are prepared to pay to them." Mr Adaare said NEC was the only body empowered to govern the union during the delegates' conference pointing out that "in the absence of the delegates' conference, it is NEC which acts."
Accra, Aug. 16, GNA - An Accra Fast Track Court will on Monday, August 20, rule on an interlocutory injunction filed by Mr Napoleon Kpoh, Secretary General and Ahmed Y.B. Salifu, National Chairman of the Industrial and Commercial Workers Union (ICU) against its National Executive Council (NEC) and five members of a newly installed Interim Management Committee (IMC).
The court, presided over by Mr Justice Ofori Atta noted that plaintiffs had just filed supplementary affidavits in support of their case and he would need time to study them in order to rule on the matter.
The judge asked parties to conduct themselves properly. The National Executive Council of ICU recently announced the installation of an IMC to take over the running of the Union upon the expiry of the term of office of the executive of Mr Kpoh on August 10. Hundreds of anti-Kpoh members of the Union besieged the court on Thursday amidst heavy security presence. Some members carried placards which read: "NAPO give us a break", "ICU can progress without NAPO", "We don't like you any longer", "NEC acted in line with ICU constitution", "16 years of rule is enough."
The Greater Accra Regional Branch of ICU has thrown its weight behind the IMC. Members of the Brong Ahafo Regional Council have resolved to ensure that there was peace and tranquillity in the union by observing constitutional meeting procedures where motions were tabled for discussion and acceptable decisions taken.
The members also agreed that unconstitutional acts, issuance of threats and ultimatums should be avoided since the ICU members were known to be intelligent, circumspect and always unperturbed. The IMC, according to NEC, was to organize a delegates' conference this year to elect new members to run the affairs of the Union since the current leadership under Mr Kpoh could not raise the needed funds for the conference.
Mr C. K. Koka, counsel for the plaintiffs, told the court that the duration of the administration of Mr. Kpoh expires after the delegates' conference.
"We are not here to extend our tenure of office," he said, stressing that NEC could not be constituted without the chairman. According to Mr Koka, it was during the conference that new executive members would be elected and the old executives would hand over to the new one.
Mr Koka said NEC had no power to remove the General Secretary adding in the constitution of the ICU, 80 per cent of members could vote him out.
He pointed out to the court that a resolution passed without the General Secretary and its chairman was illegal and a nullity as it contravened the Union's constitution.
Plaintiffs' counsel said if the interlocutory was dismissed, plaintiffs would suffer irreparable damage. Mr Albert Adaare, who represented the defendants, told the court that Mr Kpoh's tenure of office had expired and this could not extended by the court.
According to Mr Adaare plaintiffs would not suffer any irreparable damage if the injunction was dismissed. "They are entitled to salaries and allowances, which we are prepared to pay to them." Mr Adaare said NEC was the only body empowered to govern the union during the delegates' conference pointing out that "in the absence of the delegates' conference, it is NEC which acts."
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