We have no more witnesses – Afoko tells Court

Mr Osafo Boabeng, the Counsel for Mr Paul Afoko, in a case filed at the Accra Human Rights Court by Mr Paul Afoko, challenging his suspension by the party had told the court that their next witness was not available.

He said: “our next witness is unavailable, and as such this marks the end of the plaintiff’s case.”

The court presided over by Justice Anthony Yeboah, accordingly ordered that the witness statement, of the witness in the person of Mr Kwabena Ayapong be expunged from the records.

He, however, was unhappy with the defence counsel for not presenting their witness, as agreed at the last adjourned date.

He said “yesterday in view of the comments from the counsel for the plaintiff that, his witness would be very brief, I ordered that the defence counsel should get themselves ready with their witness. However, the defence counsel informs the court that the length of his cross examination would be such that it was unwise to make his witness available. Hence we have to adjourn due to the unavailability of his witness”.

The court then adjourned the matter to June 24.

Earlier the defence counsel ended cross examination of the first witness, Mr Martin Kpebu.

Mr Kpebu said he did not apply for a copy of the record of proceedings from the Disciplinary Committee (DC) because the committee never sought to take down proceedings.

He said the DC is not a court of law, but a quasi judicial committee and does not take any decision binding on any member of the New Patriotic Party, but has profound powers the makes findings and facts as well as recommendations based on which the National Executive Council takes decisions.

When asked whether he also applied for a copy of the reports of the DC, Mr Kpebu told the court that he did not, especially when there had been no trial.

At the last adjourned date the defence counsel continued cross examination of the witness.

Mr Afoko is challenging his indefinite suspension from the party, arguing it was illegal. The NPP’s National Executive Committee suspended him in October 2015 for “misconduct.”

According to him, the action and processes leading to his suspension by some members of the party were unconstitutional and a breach of natural justice.

The decision was adopted by the party’s National Council which is the second highest decision making body of the party after congress but he maintained the party erred in the decision.