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The legal battle between the suspended National Chairman of the New Patriotic Party (NPP), Mr Paul Afoko, and the party is gradually drawing to a close, as the Human Rights Division of the Accra High Court has fixed a date for judgement on July 26, 2016.
The court, presided over by Mr Anthony Yeboah, adjourned the case last Friday after the last witness for the NPP, Mr Peter Mac-Manu, who is the party’s Campaign Manager for Election 2016, was cross-examined by Mr Afoko’s legal team.
Mr Mac-Manu is the second NPP witness to be cross-examined in the case. The first was the Chairman of the party’s Disciplinary Committee (DC), the Most Reverend Samuel Asante-Antwi.
With the oral submissions coming to a close, the court ordered the two parties to submit their written addresses simultaneously within seven days.
Rev. Asante-Antwi
One of the highlights of the Most Rev. Asante-Antwi’s cross-examination concerned the eligibility of Mrs Gifty Eugenia Kusi, the Member of Parliament (MP) for Tarkwa-Nsuaem in the Western Region, on the committee.
The appointment of Mrs Kusi, who replaced Mr William Ofori Boafo, the MP for Akropong, as the parliamentary representative on the committee, is a bone of contention in the case.
Mr Afoko claimed that the MP’s appointment to the committee was not done in accordance with the party’s constitution and that the whole proceedings that led to his suspension were null and void.
The NPP, however, claimed that Mrs Kusi was duly appointed.
The Most Rev. Asante-Antwi, in his cross-examination, told the court that Mrs Kusi was appointed as a result of a letter written by the Minority caucus in Parliament on October 1, 2015.
He explained that the said letter was written by the caucus in response to a letter sent to the caucus by Mr Boafo for his replacement on the committee because he had to undergo a medical treatment.
The Most Rev. Asante, however, failed to tell the court the date on the letter written by Mr Boafo for his replacement.
That was after Afoko’s legal team had queried him on that aspect.
Suit
Mr Afoko dragged the NPP to court in December last year, claiming that his suspension was not in tandem with the party’s constitution.
Joined to the suit is the acting National Chairman of the party, Mr Freddie Blay.
Lawful act
During the cross-examination of Mr Mac-Manu, who is also a former national chairman of the party, counsel for Mr Afoko, Mr Safo Buabeng, had stated that the DC had power to recommend the suspension of members of the party and not officers.
“The recommendation will be in respect of a complaint about the misconduct of a member and not an officer of the party. The National Executive Council (NEC) is then empowered to suspend whoever is involved in misconduct as a member or expel him.’’ he said.
Mr Mac-Manu, although agreed with counsel, also stated that there were other provisions in the NPP’s constitution that gave the green light to the DC to investigate and recommend the suspension of national officers to the NEC.
“In 2005, a national chairman was suspended, although he continued to be a member of the party. In effect, one can be suspended as an officer or member or both by the NEC through the recommendation of the DC,’’ he said.
He also told the court that Mr Afoko’s suspension was in accordance with law.
According to him, per the NPP’s constitution, the DC had the power to recommend any member or officer of the party to the NEC to be sanctioned in the event that person violated any regulation in the party.
Signature
One bone of contention during the cross-examination was the validity of the minutes of a meeting held by the NEC and the National Council on July 16, 2016.
The said minutes had been tendered as evidence by Afoko’s legal team and, according to the team, the minutes clearly stated the people who were approved to be members of the various standing committees of the National Council, including its DC.
Mr Mac-Manu objected to the validity of the minutes, stating that they were not signed by the General Secretary of the party, Mr Kwabena Adjei Agyepong.
“There was a major decision at the meeting which was not reflected in the minutes. I also recall that the suspended General Secretary of the party was present but his name or signature is not on the minutes,’’ he argued.
At that point, Mr Buabeng asked Mr Mac-Manu to show him any provision in the NPP’s constitution that required the General Secretary of the party to sign minutes of national council meetings.
“Show me where, in the constitution, that a Gen Secretary must sign meetings of the National Council and the National Executive Committee,’’ he asked.
Mr Mac-Manu answered that the National Council was the second highest decision-making body of the party and as such its meetings ought to be taken seriously by the General Secretary.
Source: Graphic.com.gh