Three NPP Parliamentarians sued

The Forum for Governance and Justice (FGJ) in a follow up to its September 25th statement calling on three independent MPs who crossed carpet to join the NPP to step aside, has filed a suit against them and the NPP (4th Defendant), the party they joined.

The suit is suit number AP12/2012 by Dr. Apaak, the Convener of FGJ at the Superior Court of Judicature in the High Court of Justice (Fast Track Division) on October 25, 2012.

Read below, the continuing part of the statement from the FJG:

We indicated in our comment on this matter that we expected the MPs (1st, 2nd and 3rd Defendants) - Nkawkaw MP (Seth Adjei Baah), the Bekwai MP (Joe Osei Wusu) and the Bosome Freho MP (Edward Nana Yaw Ofori Kuragu) to voluntarily respect the tenets of the 1992 Constitution. As lawmakers, it was our expectation that they would set a good example by respecting Article 97 (h) of the 1992 Constitution, which states that any member of the Chamber who crosses carpet automatically loses his/her seat.

Since our call was not heeded, we have filed suit number AP12/2012 at the Superior Court of Judicature in the High Court of Justice (Fast Track Division) on October 25, 2012, seeking the following:

A declaration that the seats of the 1st,2nd and 3rd Defendants in Parliament became vacant when the 4th Defendant vetted and approved the 1st, 2nd and 3rd Defendants to file nominations to contest the Bekwai, Besome-Freho and Nkawkaw constituency primaries organized by the 4th Defendant in September 2012;

A declaration that the 4th Defendant failed and/or neglected to respect and defend its Constitution as amended and the 1992 Constitution of Ghana within the terms of article 3 thereof when it failed and/or neglected to demand of the 1st, 2nd and 3rd Defendants, Independent Members of Parliament who wanted to contest the December 2012 parliamentary elections on its ticket, to resign or vacate their seats in Parliament as required by law as a condition precedent to their taking part in the constituency primaries;

An order requiring the 1st, 2nd and 3rd Defendants to refund any salaries, allowances, etc paid to them after they had effectively ceased being Members of Parliament from the day they should be deemed to have effectively vacated their seats in Parliament;

A declaration that the 4th Defendant contravened its Constitution as amended when it organized the Bekwai, Besome-Freho and Nkawkaw constituency primaries about three (3) months to the to the December 2012 Parliamentary elections;

Any further or other order(s) as this Honourable Court may deem fit.

The current action against the MPs and the NPP is also necessitated by the inability of the Speaker of Parliament to act as well as the disappointing silence, which has greeted this gross illegality and a breach of the constitution. We fail to understand why Flag-bearers, Ex-Presidents, Legal luminaries, Religious leaders, Workers groups and leaders, and other Civil society organisations have been quit in the face of such brazing violation of the supreme law of the land by law makers.

Signed

Dr. Clement Apaak Convener, Forum for Governance and Justice - Ghana