NDC sues organiser over ‘stolen’ cash

A Kumasi High Court would soon quiz Mr. John Ackah, the Obuasi Constituency Organiser of the National Democratic Congress (NDC) about his alleged misappropriation of GHc111,900 belonging to the party.

The determination of the case at the High Court in Kumasi follows an advice by the Chief Justice after His Honour Justice Frank Aboadwe Rockson, a Circuit Court Judge at Obuasi, had declined jurisdiction at the instance of the defendant.

The Court had no option than to decline determination of the case, following John Ackah’s opposition to the jurisdiction of the lower court. John Ackah, a defendant in the case filed against him by Mr. Clement Sangaparee, a founding member of the NDC before the Obuasi Circuit court, prayed the court to strike out the case for want of jurisdiction in accordance with Section 42 (3) of the Courts Act 1993.

The defendant had contended that the amount (GHc111, 900.00) being claimed by the plaintiff exceeds the court’s jurisdiction.

Following, Justice Rockson, guided by Order 1 Rule 2 of C.I. 47 which borders on effective justice, avoidance of delays, unnecessary expenses and multiplicity of proceedings on October 16, 2014, declined jurisdiction and ordered the Registrar of the Court to forward the case docket to the Chief Justice for the necessary transfer of the case to the appropriate court.

Mr. Clement Sangaparee, a member of the NDC believes the amount belonging to the party had been diverted and misappropriated hence the suit to compel the defendant to refund the monies believed to have been utilized by the Constituency Organizer in putting up a house.

Meanwhile, the Constituency Organizer who is also the NADMO Co-ordinator of the Obuasi Municipal Assembly (OMA) is facing another legal suit before a Kumasi High Court in which the Obuasi Small Scale Miners Association is seeking a court order for the refund of monies amounting to GHc111, 900 paid to him by the plaintiff association.

A statement of claim filed by Kumasi based Law firm, Gye Nyame Chambers on behalf of the allied artisan group stated that having decided to embark on Corporate Social Responsibility to the residents of Obuasi. The Obuasi Municipal Chief Executive directed the plaintiff association to channel their support through the defendant.

As a result, the association from September 2011 to 2014 advanced monies to the defendant for onward transmission to the Obuasi Municipal Assembly in furtherance of the association’s CSR.

When payment of those monies was not being acknowledged by the OMA, a meeting was convened to discuss the association’s CSR to the OMA, during which the defendant allegedly admitted having utilized the monies for his benefit.

The plaintiff then demanded accounts of monies paid to the defendant but in spite of repeated demands the defendant refused to account and blatantly refused to refund all such monies paid to him by the association.

It is against this background that the Obuasi Small Scale Miners Association are seeking an order of the court to prevail on the defendant to pay all monies with interest at the prevailing bank rate paid to him in the name of CSR from September 2011 to the date of the court’s final judgment .

In his statement of defence, John Ackah denied knowledge of any such association called Obuasi Municipal Artisan Co-operative Small Scale Miners Association neither has he received a pesewa from the plaintiff and therefore could not make any demand of accounts from him.

He emphasized that he had not received any money and could not have failed to refund or account for any money to the plaintiff. The defendant per his solicitor, K. Adutwum-Mmrosa Esq., has also prayed the court to strike the action against him because the plaintiff is not well represented before the court.

The defendant’s alleged undercover dealings with the plaintiff association was exposed in October 2011, when constituency executives of the NDC had, in writing, expressed disappointment in the Obuasi Small Scale Miners Association for failing to acknowledge appreciation for the role the party played in ensuring that the small scale miners operate in freedom.

As a result, details of the association’s contribution to the NDC party were itemized in a statement prepared by Mr. Rafus Borry, Secretary of the association and approved by the chairman, Mr. Kofi Adams, on July 15, 2014, for the attention of the Obuasi MCE and the NDC Secretariat.

Among the items detailed in the statement duly signed by Mr. Kofi Adams and Rafus Borry, chairman and Secretary respectively of the association, were a Pick Up vehicle for the NDC at GHc10,000; Sponsored negotiation by Constituency executives with NDC General Secretary at GHc7,400.00; feeding of NDC polling agents -GHc2,000; 700 bags of cement for the NDC party office complex -GHc14,000 and a cow for NDC Victory celebration at GHc5,000.

The purported financial support was the Obuasi Small Scale Miners Association’s contribution to sustain the NDC in Obuasi and Ashanti in general, the statement indicated.