The High Court in Koforidua on Tuesday May 9,2023 dismissed injunction application filed against Eastern Regional Executives of the Opposition National Democratic Congress (NDC) by the former Eastern Regional Chairman John Owusu Amankrah popularly known as Jowak.
In December 2022, Jowak sued the NDC party and the newly elected Regional Executives after its Regional delegates Conference . He is seeking to nullify the entire election for a fresh election to be organized.
In addition to the law suit, he filed an application for injunction praying the High Court to restrict the elected Regional Executives from holding themselves out as the executives of the party in the region and also for an order directed at the NDC National Executives not to
recognize the Regional Executives as legitimately elected.
This application essentially was going to incapacitate the regional executives and the NDC party from undertaking any activity in the region until the court had decided the case.
It was obviously going to affect the organization of the May 13 Presidential election and Parliamentary elections.
According to Jowak, he chose Anakazo in Akuapem South as venue for the Regional Election but the venue was changed to Koforidua Technical University by then General Secretary of the Party Johnson Asiedu Nketiah.
He also claimed there was injunction placed on the Regional conference by some aggrieved members of the party in Atiwa West constituency which he communicated same to the Constituencies a day to the election but ignored.
Lawyer Isaac Minta Larbi who is the Chairman of the NDC Legal Team in Eastern Region filed the necessary processes in court to defend the action.
In the Affidavit in Opposition filed at the High Court by defense counsel Lawyer Isaac Minta Larbi, the respondents argued that the motion for injunction was frivolous and intended to achieve only one thing which is mischief.
Whilst arguing against the motion Lawyer Isaac Minta Larbi submitted to the court that Jowak who is the applicant only acts as the organizer of the Regional conference on a delegated power and at anytime, the party hierarchy could step in to organize the conference when the regional chairman is unable or disabled from doing so as stipulated in the constitution of the party.
Dismissing the injunction application, the Court upheld argument of the defense counsel and stated that, the decision to organize the regional conference at KTU by the Functional Executives Committee of the party through then General Secretary Johnson Asiedu Nketiah was in accordance with the constitution of the NDC party.
The court also described as mischievous the former regional chairman’s decision to call off the election citing an injunction by Atewa West constituency since he did not consult the executives of the party.
Marrietta Brew Appiah Oppong, former Attorney General and Minister of Justice who was present in court urged members of the party to always exhaust internal mechanisms to address their grievances before
The Regional Chairman Dr. Mark Oliver Kevor, Vice Chairman Ransford Owusu Boakye, Deputy Regional Treasurer Richard Lartey were all in court.
The Regional Executives believe the the ruling has reaffirmed that they were legitimately elected therefore could go about their functions for the victory of the party in 2024 general election.
Supreme Court
The ruling by the High Court comes barely three weeks after the Supreme Court quashed ruling by the Koforidua High court that Injuncted the Eastern Regional Youth Organizer of the opposition National Democratic Congress,NDC, Richard Etornam Nyarko.
The Apex Court also granted prohibition order against the High Court Judge from further sitting on the matter.
The Eastern Regional Youth and Women’s organizer election held on November 11, 2022,at Nsawam-Adoagyiri saw Richard Etornam Nyarko then deputy Regional youth organizer defeat the incumbent Regional Organizer Emmanuel Okai Minta with 55 votes as against 52 .
However, Emmanuel Okai Minta proceeded to the Koforidua High Court on grounds that constituency youth organizers their deputies and other youth executives making a total of six(6) delegates from Afram Plains South and Atewa West were not eligible to take part in the election because the Functional Executives committee of the party had nullified the elections in the said constituencies in a press release, therefore, ought not to have taken part in the election.
-By Kojo Ansah |Starrfm|Ghana
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