THE suspended Board of Directors of Accra Hearts of Oak Sporting Club, pushed to the sidelines since 1994 by the club’s Council of Patrons, may now be set to take up the reins of the club again.
This apparent new lease of life for the former Board has been given by an Accra High Court that declared null and void the ‘purported suspension’ of the Board by the President of the Council of Patrons.
In the view of the court, the suspension of the then Board of Directors of the club chaired by the late Dr A. Amoako Mensah “was unauthorised and that same is therefore, null and void ab initio”.
Her Lordship Mrs Justice Nkumsah-Abban who gave judgement in favour of the former Board on July 8, 2002, awarded a cost of ? 2 million against the plaintiffs represented by Rev Nii Whang Amassah Mensah and Fred Crentsil.
Dismissing the plaintiffs’ suit against Mr Bright Akwetey and the late Dr Amoako Mensah representing the former Board, Mrs Justice Nkumsah-Abban noted that the plaintiffs “abandoned the suit”.
“Although they took out the summons on September 22,1994 and the defendants having filed the defence and counter claim on January 3, 1995, no further action has been taken by the plaintiffs.
“The plaintiffs obtained an interlocutory injunction against the defendants on September 22, 1994 and as stated went to sleep”, Mrs Justice Nkumsah-Abban stressed.
She continued: “The defendants filed and served the plaintiffs with Notice of Intention to Proceed on March 1, 2002 and served on March 8, 2002 but still the plaintiffs have not reacted.
“It is clear in the circumstances that they have totally lost interest in pursuing the suit. “In view of this, the suit is dismissed for want of prosecution”, Mrs Justice Nkumsah-Abban concluded.
It will be recalled that Rev Nii Whang Amassah Mensah and Fred Crentsil acting for and on behalf of the registered members of Accra Hearts of Oak Sporting Club sought a court order in October 1994 restraining the defendants from interfering in the management, administration and affairs of the club.
Graphic Sports however, could not reach the plaintiffs nor their solicitors for their reaction at the time of going to press, but a source close to the management of Accra Hearts of Oak Sporting Club Limited said the issue “is far from over”.
According to the source, a substantive case in which Bright Akwetey & Co had challenged the President of the Council of Patrons, Nana Wereko Ampem and Mr Ato Ahwoi over the conversion of the club into a Limited Liability Company is before the Supreme Court for final determination.
“This rose after the three-member Court of Appeal had unanimously overturned an earlier ruling by Justice Nana Gyamera-Tawiah in favour of the plaintiffs”, the source pointed out.
