SC dismisses case against President, campaign manager, AG

Accra, May 26, GNA - The Supreme Court (SC) was on Thursday dismissed an interim injunction filed against Mr J.H. Owusu-Acheampong, a member of the Council of State, preventing him from holding himself as the Chairman of Professor John Evans Atta Mills' campaign team.

The SC noted the applicant, Centre for Constitutional Order (CENCORD), could not show the court that Mr Owusu-Acheampong was engaged in active campaign role.


According to the SC, the applicant could also not show a clear articulation of the cause of his action.


The nine-member panel included Mr Justice William Atuguba, who presided, Ms Justice Sophia Akuffo, Dr Justice Darte Baah, Mr Justice Ansah and Mrs Justice Sophia Adinyira.


The rest were Ms Justice Rose Owusu, Mr Justice B.T. Aryeetey, Mr Justice Sule Gbedegbe and Mrs Justice Vida Akoto-Bamfo. The court did not award cost.


Mr David Ofosu Appiah represented CENCORD but there was no legal representation for the three defendants - Professor Mills, Mr Owusu- Acheampong and the Attorney-General.


CENCORD had taken President Mills, Mr Owusu-Acheampong and the Attorney-General and Minister of Justice to court, claiming that the appointment of Mr Owusu-Acheampong and the acceptance of same by him "are acts that are inconsistent with or in contravention of the letter and spirit of the 1992 Constitution.

The plaintiff, who invoked the original jurisdiction of the Supreme Court, also prayed the court to grant an order prohibiting any sitting President from deploying members of the Council of State for partisan undertakings, as well as an injunction against Mr Owusu-Acheampong from holding himself out as Campaign Manager or Chairman of the President's campaign in the NDC flag-bearer contest as long as he remained a member of the Council of State.


According to CENCORD the President's action was against Article 89 clause 1 and Clause 2(c) of the 1992 Constitution.


Mr Appiah argued that Mr Owusu-Acheampong, a sitting member of Council of State, is to counsel the President for which reason he must remain neutral.


He further argued that Mr Owusu-Acheampong was elected by the people of the Brong Ahafo to represent them and not for him to be appointed as Chairman of the President's Campaign Team.


According to him for Mr Owusu-Acheampong to be appointed as the Chairman of the Campaign Team amounted to betrayal of the people who elected him.


Counsel said CENCORD appreciated that between now and when the matter would be determined Mr Owusu-Acheampong would be executing a task he had been assigned to the annoyance of the people of the Brong Ahafo Region.