NPP crisis: ‘Disciplinary C'ttee can’t summon Afoko’

The General Secretary of the New Patriotic Party (NPP) Kwabena Agyepong has written to the party’s disciplinary committee urging it to rescind its decision to invite the party’s chairman for questioning.

The National Council of Elders petitioned the disciplinary committee alleging misconduct on the part of Paul Afoko.

But a letter written by Mr. Agyepong to the disciplinary committee cited some articles in the party’s constitution that frowns upon the invitation extended to Afoko.

“It is quite obvious from Article 4(3) (d) above that any complaint or petition against the National Chairman who is a member of the National Executive Committee should be made to the National Council (NC). Any such petition or complaint need to be filed at the National Secretariat with the General Secretary, who would subsequently, inform the NC for the council to convene; during which, it may refer the matter to the National Disciplinary Committee,” a portion of the letter reads.

It added: “Since this has not been done, the National Disciplinary Committee cannot on its own assume jurisdiction over a matter that has not been properly laid before it. Respectfully, the jurisdiction of the National Disciplinary Committee cannot be simply invoked by a direct correspondence from a petitioner against a member of the national executive.”

Below is the full letter:

National Disciplinary Committee

New Patriotic Party

Headquarters

Accra

Dear Sir

RE: COUNCIL OF ELDERS PETITION

I have been reliably informed that the National Council of Elders (NCE) has sent a written petition dated 7th September 2015 to the National Disciplinary Committee alleging misconduct on the part of the National Chairman, Mr Paul Afoko.

I wish to humbly draw your attention to the constitutional provision with respect to Disciplinary and Grievance Procedures. Article 4 (3) (d): A Member aggrieved by or dissatisfied with the conduct of any member of the Constituency Executive Committee shall file a complaint in writing to the Regional Executive Committee. A complaint against a member of the Regional Executive Committee shall be made to the National Executive Committee and in the case of the National Executive Committee to the National Council.

It is quite obvious from Article 4(3) (d) above that any complaint or petition against the National Chairman who is a member of the National Executive Committee should be made to the National Council (NC). Any such petition or complaint need to be filed at the National Secretariat with the General Secretary, who would subsequently, inform the NC for the council to convene; during which, it may refer the matter to the National Disciplinary Committee.

Since this has not been done, the National Disciplinary Committee cannot on its own assume jurisdiction over a matter that has not been properly laid before it. Respectfully, the jurisdiction of the National Disciplinary Committee cannot be simply invoked by a direct correspondence from a petitioner against a member of the national executive.

Furthermore, Article 4 (3)(d) stipulates that such a petition should be initiated by a member of the party not an organ/body such as the National Council of Elders as is the case with the petition of the National Council of Elders. If any member of the council wants to bring a complaint in writing against the National Chairman, that individual should kindly do so in his personal capacity as a member of the party as required by the provision.

Our party’s constitution did not envisage that a body such as the National Council of Elders would be petitioners, as the Council has a sizable representation on the National Disciplinary Committee. This is the case to uphold the principles of natural justice; no man can be a judge in his own case.

The following members of the National Disciplinary Committee also double as members National Council of Elders; Prof. Mike Ocquaye, Madam Ama Busia, Dr Kwame Addo-Kufuor.

Moreover, Nana Yaw Osei, the spokesperson of the National Chairman whose press statement triggered the filing of your petition, is a member of the National Disciplinary Committee.

For these reasons, it would be against the rules of natural justice for any of these members named above to sit on the matter. The remaining four members of the National Disciplinary Committee cannot constitute a valid meeting of the committee as per Article 4(1) (c).

I therefore respectfully urge you to rescind your invitation to the National Chairman as it flies in the face of the laid down disciplinary and grievance procedures in Article 4 of the party’s constitution.

Thank you

Yours faithfully

KWABENA AGYEPONG

GENERAL SECRETARY

Cc: PRESIDENTIAL CANDIDATE

NATIONAL CHAIRMAN

FORMER PRESIDENT J.A KUFOUR

NATIONAL COUNCIL OF ELDERS