THEOPHILUS KUSHIGBOR v. A. Y. B. SALIFU & OTHERS
2015
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, J.A. (PRESIDING)
- ADUAMA OSEI, J.A.
- TORKORNOO (MRS), J.A
Areas of Law
- Constitutional Law
- Employment Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case revolved around a dispute within the Industrial and Commercial Workers Union (ICU) related to the formation of an Interim Management Committee (IMC) by the National Executive Council (NEC) after the tenure of national officers ended. The High Court and subsequently the Court of Appeal upheld that the NEC had the constitutional authority to form the IMC and that the actions taken were valid under the ICU's constitution. Various claims by the plaintiffs, including the invalidity of the 8th Quadrennial Delegates Conference and the improper appointment of certain acting officers, were dismissed. The Appellant's appeal was ultimately dismissed, affirming the NEC's authority and the procedural correctness of their actions.
TORKORNOO (MRS), J.A.
All the parties to this suit are members of the Industrial and Commercial Workers Union of the Trades Union Congress. The undisputed facts are that the ICU adopted a Constitution at its 7th Quadrennial Delegates Conference (QDC) in August 2003 by which it would govern its affairs. By Article 10 (1), a National Executive Council comprising all elected national officers, members elected based on the Union’s numerical strength in the regions; and other representative members, was to govern the affairs of the National Union ‘between Delegates Conference’. The NEC was also to conduct the business of the Union.
By Article 13.3, the tenure of office of a National officer was mandatorily to be four years, although they would be eligible for reelection. Again by Article 13.2, ‘Every National Officer shall be elected at the Delegates Conference by secret ballot’.
As at 1st August 2007, the NEC that came into office at the 7th QDC in August 2003 had failed to raise enough money to organize the 8th QDC that would elect the membership of the next group of national officers. On 2nd August 2007, an emergency meeting of the NEC was convened by the National Officers to address the following agenda – ‘the 8th Quadrennial Delegates Conference; Funding and status of preparation’ It must be noted that by Articles 13.2 and 13.3 of the ICU Constitution, the mandate of the national officers who convened this meeting was to expire on 10th August 2007 and they could only be reelected by secret ballot.
Two versions of the record of this meeting of 2nd August were presented as exhibits 1 and 21. They can be found on pages 530 to 549 of the ROA and 718 to 725 of the ROA. Both of these records show that after a lengthy debate, the meeting took a break for the leadership of the Union to enter into caucus and discuss the way forward to raising funds for the 8th QDC. On resumption of the meeting, the leadership of the Union presented various options for raising funds for the conference. Another break was called for the rest of the meeting to discuss options for raising the said funds. The leadership went out on a snack break.
At 15.45 when the meeting resumed, the meeting was informed by the Chairman of the Finance Committee that while the leadership was having snack, the remaining members of the NEC had taken a decision on how the affairs of the Union should be ran after 11th August when the tenure of the national officers ends.
The decision was that an Interi