Paul Awentami Afoko v. New Patriotic Party and Freddie Blay
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ANTHONY K. YEBOAH, J
Areas of Law
- Civil Procedure
- Constitutional Law
- Evidence Law
- Employment Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves the New Patriotic Party (NPP) of Ghana and its suspended National Party Chairperson, Mr. Paul Awentami Afoko. Afoko challenged his indefinite suspension by the party, claiming it was unconstitutional and biased. The court explored numerous issues, including the validity of Afoko's suspension, potential bias in the disciplinary process, and whether internal party dispute mechanisms could be the final arbiter of factual matters. Ultimately, the court dismissed Afoko's claims, holding that the procedure was lawful, just, and fair, and confirmed his status as indefinitely suspended but recognized as the National Chairman of NPP. The decision referenced multiple previous cases and applied principles of fair hearing, administrative justice, and balancing internal party mechanisms with constitutional rights.
“Men of the same society have disagreed about thenature of gods, the distribution of economic rewards, political arrangements, and the nature of the good; andyet such conflicts have not always issued in social andpolitical upheaval.
The reason for this has been two-fold: the existence of substantial areas of agreement1which have offset the centrifugal forces and, secondly, the ability of rulers to confine conflicts to theirnarrowest possible dimensions. ”2 [i. s. ]A. Parties This is the final judgment in the civil action involving the NewPatriotic Party (NPP), one of the prominent political parties in Ghanaand currently in opposition in Parliament, as the 1st Defendant and itssuspended National Party Chairperson, Mr. Paul Awentami Afoko asthe Plaintiff.
Freddie Blay, Esq. , the 2nd Defendant is the ActingNational Chairperson of the NPP.
B. Procedural antecedents By the Writ of Summons filed by the Plaintiff against theDefendants in this Court on 7th December 2015, the Plaintiff seeks thefollowing reliefs: “a) A declaration that the purported indefinite suspension of the Plaintiff as the National Chairman of the 1st Defendant on 23rd October, 2015 by the National Executive Committee and affirmed by the National Council of the 1st Defendant is unconstitutional, vide the 1st Defendant’s constitution, null and void.
b) A declaration that the Plaintiff is the National Chairman of the 1st Defendant for the duration of the term he was elected into office.
c) A declaration that the purported appointment of the 2nd Defendant as the Acting National Chairman of the 1st Defendant is wrongful, null and void.
d) An order setting aside the said decision to suspend the Plaintiff indefinitely dated the 23rd October, 2015. e) Perpetual injunction restraining the Defendants from interfering with the Plaintiff’s office as National Chairman of the 1st Defendant without due process. ”The Defendants did not counterclaim against the Plaintiff for anyreliefs.
At the close of the pleadings, the Court and the learned Counselsfor the parties agreed to the following issues, which were set down forthe determination of the suit: The Plaintiff’s Issues are -“i. Whether the National Disciplinary Committee had jurisdiction to hear the petitions against the Plaintiff? ii.
Whether the presence of Madam Ama Busia and Prof. Mike Ocquaye, both of them being members of the Council of Elders, as members of the National Disciplinary Committee hearing the Petitions against Plaintiff const