KWABENA MARFO KWANING v. CHAIRMAN NATIONAL DEMOCRATIC CONGRESS & ORS
2022
COURT OF APPEAL
GHANA
CORAM
- CECILIA SOWAH, JA (PRESIDING)
- ANTHONY OPPONG, JA
- ANGELINA MENSAH-HOMIAH, JA
Areas of Law
- Civil Procedure
- Evidence Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment, authored by Anthony Oppong JA, concerns Mr. Kwabena Marfo Kwaningformer NDC Kade Constituency Secretarywho sought re-election in June 2018 but was disqualified by the partys Functional Executive Committee. Kwaning sued various NDC officials in the High Court at Koforidua, alleging breach of natural justice and seeking to quash his suspension and secure participation in the constituency election. The High Court dismissed his action, finding justifiable grounds for disqualification. On appeal, despite defects in his notice, the Court treated the grounds as an omnibus 3against the weight of evidence 4 claim and reviewed the record. Evidence showed Kwaning admitted embezzling party funds, partially refunded, and retained party equipment; under the NDC Constitution, such contraventions disqualified him. The Court held there was no breach of audi alteram partem and dismissed the appeal.
ANTHONY OPPONG, JA:
The plaintiff/appellant (hereafter called plaintiff) who at one time was the Secretary of National Democratic Congress (NDC) in the Kade Constituency, stood for re-election for the same position in 2018. That election took place on 23rd June 2018.
Unfortunately, after plaintiff had been vetted and his name actually appeared on the election forms and had committed himself financially (he caused postings to be made, among other campaign expenses) the Functional Executive Committee (FEC) of National Democratic Congress (NDC) wrote to disqualify him from contesting the position.
The aggrieved plaintiff filed a suit at the High Court, Koforidua against the Chairman of NDC, the Regional Chairman of NDC, The Director of Elections of NDC Regional Secretariat and the Kade Constituency Chairman of NDC.
The reliefs he sought were:
a. A declaration that the decision of the Functional Executive Committee to suspend plaintiff without giving him a hearing was a complete sin against the audi alteram partem principle;
b. An order quashing the decision of the Regional Executive Committee’s decision of 14th June 2018 which suspended the plaintiff;
c. An order directed at the defendants to allow the plaintiff to contest the upcoming Kade Constituency Elections;
d. An order of perpetual injunction restraining the defendants, either by themselves, their agents, assigns, workmen or otherwise howsoever described jointly and severally preventing the defendants from conducting the election in the Kade Constituency
e. Costs including legal fees.
The court below rejected plaintiff’s case as it found on the preponderance of the probabilities on the evidence that the NDC party had justifiable reasons for disqualifying the plaintiff from contesting in that election. Accordingly, plaintiff’s action was dismissed as “mischievous, frivolous, vexatious and unmeritorious”.
The plaintiff being dissatisfied with the judgment of the court below dated 1st July 2020 filed the instant appeal.
It must be pointed out that the notice of the appeal in its form falls short of the standard required under the Rules of this Court, (C.I.19). The grounds of appeal equally lacks particularity. Indeed, the notice of appeal and the grounds stated thereon do not pay any compliment to the standard procedure expected in the application of the provisions of the Court of Appeal Rules, C.I.19.
However, mindful of doing substantial justice, in which case this Court will look at the su