NDC violated its constitution - court

Tema (Northern Region) 2 Nov '98 A Tema High Court, presided over by Mrs Felicity Amoah, has ruled that the National Democratic Congress (NDC) violated its constitution by the procedure it adopted to organise its Greater Accra regional conference.

The court has has therefore ordered the organisers of the conference to comply with Articles 17 (3)a. and 14 (4)d. of the NDC constitution which states that "constituency conferences shall elect delegates to represent them at the regional party conference and national congress". These must include five delegates from each constituency in the region.

The judge also declared that holding the congress without adequate and sufficient notice to the plaintiffs and other interested members of the party violated their fundamental human rights as enshrined in the country's 1992 constitution and the NDC constitution.

She was giving her ruling in the case in which Mr Stephen Annak, Ga North Constituency Youth Organiser of the party, and Mr Christian Ago Vanderpuiye, Taboo ward co-ordinator of the party at Ashaiman, had sued the party against organising the regional conference. The conference, which was scheduled for Ada-Foah on Saturday, October 24, had to be called off following an interim injunction granted by the court on October 23. Mrs Amoah also declared that a letter signed by the regional secretary of the party on October 13, this year, informing various constituencies of the conference was null and void. This is because persons to attend were not elected in line with Article 14 of the NDC constitution.

Mrs Amoah said she was entering judgement in favour of the plaintiffs in view of the turn of events last Friday when Mr Kwaku Baah, counsel for the NDC, conceded that plaintiffs were entitled to the reliefs sought. These were that holding the conference without sufficient notice violated their fundamental human rights, a perpetual injunction restraining the conduct of elections, and an order from the court to compel the defendants to comply with the party's constitution. Asking for a cost of five million cedis, Mr Alfred Agbesi, counsel for the plaintiffs, said the second plaintiff was attacked last Saturday at Ashaiman by a group of persons for taking the NDC to court. He said on Friday, lawyers in the case were insulted while a group of people besieged his house on Sunday to question why he accepted to handle the case. Mr Kwaku Baah had argued that the case was a family matter and therefore there was no need for cost to be awarded, adding that the timing of the court case, at the last minute, put the party at considerable expense. Mrs Amoah awarded a cost of three million cedis against the defendants.