Court dismisses Paul Afoko’s case
An Accra Human Rights Court has dismissed a case filed by Mr Paul Afoko, the suspended National Chairman of the New Patriotic Party against his indefinite suspension by the party.
The court presided over by Justice Anthony Yeboah also upheld the suspension saying the process was lawful, fair and just.
The court also dismissed all the reliefs the plaintiff against the party and Mr Freddy Blay, Acting National Chairman of the party.
Mr Afoko challenged his indefinite suspension by the party, arguing it was illegal.
The NPP’s National Executive Committee suspended him in October 2015 for “misconduct,” after the party’s Disciplinary Committee had made the recommendation for his suspension of which the National Council of the party which is the second highest decision making body after national congress later endorsed it.
According to Afoko, the action and processes leading to his suspension by the party were unconstitutional and a breach of natural justice.
The judge delivering the 85-page judgment said the plaintiff failed to prove his case.
He upheld the suspension saying he “remained an indefinite,” suspended chairman of the party because his action for interpretation has failed.
He said the action was on whether due process was followed to arrive at the decision.
Mr Yeboah also asserted that there was the danger of bias being over looked by the NPP Constitution on the roles on the various committees and its members.
“By virtue of the Constitution, most people serve on numerous committees of the party,” he added.
He said the plaintiff has failed to establish bias allegation against Professor Aaron Mike Ocquaye and Ama Busia, all members of the party.
He said issue of bias against the National Council was also a non-issue and unfounded.
He said the plaintiff has not shown the court that there was miscarriage of justice on the matter in the case of the disciplinary committee of the party.
Mr Godfred Odame, Counsel for NPP told journalists after the ruling that the decision was a victory for the party and for democracy.
He said the party could now focus on its campaign, indicating that unity was material for the party’s growth since the NDC has been trying hard to overlook their incompetence in governance to dwell on the issues of the suspension.
Prof Mike Ocquaye, Head of legal and Constitutional matters of the party said the victory should serve as a lesson for all members, adding whatever position anyone occupies is subject to law.
He said the outcome of the case should kick-start a process for reconciliation and accommodation.
Nana Yaw Osei, spokesperson of Mr Afoko, speaking to journalists said the plaintiff’s lawyers would study the judgement and would respond appropriately.