NPP man thrown out of court

Attempts by David Hoezame, a member of the New Patriotic Party (NPP), to stop the party‘s National Council and the Vetting Committee from going ahead to vet the presidential aspirants – which he had filed sometime ago – backfired yesterday as an Accra Fast Track High Court rejected his application.

The motion for interlocutory injunction to restrain the party from organising its Special Delegates’ Congress scheduled for Sunday, August 31, 2014, was also dismissed by the trial judge, Justice P. Ofori-Atta, on the grounds that the plaintiff failed to disclose to the court what specific right of his would be infringed if the application was refused.

The trial judge was of the view that on the grounds of the balance of convenience, Hoezame had failed to show the court that the balance was in his favour and also did not show the court what specific right of his would be abused.

He stated that by his own statement, the plaintiff had admitted that some areas of the election were in line with the requirements of the party’s Constitution and said there was a contradiction in his order for an injunction.

The plaintiff, who was onetime Constituency Chairman of the party in Tongu Central of the Volta Region, attempted to move an application to restrain the party from conducting its affairs leading to the 2016 general elections.

It was, however, adjourned to September 2, 2014 by the court for the NPP and its National Chairman, Paul Afoko, to file their affidavit in opposition.

The NPP was represented by Prof. Mike Oquaye, Chairman of the Party’s Constitutional and Legal Committee; Mike Oquaye Jnr; Godfred Yeboah-Dame; Andy Appiah-Kubi and Frank Davies, while Peter Dadzie was the counsel for the applicant – who was not in court.

In his affidavit in support of the motion filed by Oak and Wuuds Law Chambers in Accra on July 23, 2014, Hoezame had initiated an action against the National Council of the party claiming it was in accordance with the party’s Constitution.

He said on June 18, 2014, whilst his application for an interlocutory injunction to restrain the National Council meeting was in court, the defendants hurriedly organized elections for regional representatives to serve on the National Council.

According to him, that action sinned against the Constitution of the party as there was no notice of polls and submission of names of candidates to serve on the National Council, which is mandated to direct the affairs of the party.

The plaintiff, who said he had wanted to contest the election to serve on the Council, indicated that certain members were just handpicked as regional representatives which contravened the party’s Constitution.

Hoezame said he was consequently aggrieved by the improper conduct of the said exercise because he would have loved to contest the elections as well.