Paul Afoko
Suspended New Patriotic Party (NPP) National Chairman Paul Afoko has filed a notice of appeal challenging the judgement delivered by an Accra human rights court in favour of the opposition party.
Mr. Afoko wants the Court of Appeal to set aside the affirmation of the NPP’s decision to suspend him by the trial court, presided over by Justice Anthony K. Yeboah.
The notice of appeal was filed on August 22 on behalf of Mr. Afoko by O.K. Osafo-Buabeng of Oseawuo Chambers & Co, solicitors of the appellant.
The relief being sought by Mr. Afoko is that “the judgement of August 15, 2016 be set aside and the plaintiff be granted all the reliefs endorsed on the writ of summons.”
On the notice of appeal, Mr. Afoko is complaining about “the whole decision” of the human rights court and said, “The learned judge erred in declaring the plaintiff as the indefinitely suspended member and National Chairman of the 1st defendant (NPP) in the absence of any counterclaim by the 1st defendant or evidence on record.”
Main Action
Mr. Afoko sued the NPP and its Acting National Chairman, Freddie Blay, who doubles as the First National Vice Chairmen of the party after he was suspended indefinitely in October last year.
The party’s Disciplinary Committee (DC) had recommended his suspension from the NPP after a petition by two members; and Mr. Afoko wanted the court to order his re-instatement as the National Chairman because he claimed that the party’s action was unconstitutional.
A similar case instituted by Sammy Crabbe, the suspended 2nd Vice Chairman, was thrown out by another human rights court for lacking merit.
Mr. Afoko’s action, which started in December 2015, contended the constitutionality of the party’s Disciplinary Committee that recommended his suspension.
He was accused by his party of working behind the scenes to block the party’s chances of winning the December 7 elections.
In what looks like a massive boost for the party as it prepares for Election 2016 in December, the court said the NPP did not breach its constitution in suspending Mr. Afoko.
Justice Yeboah said Afoko failed to prove that the party erred in suspending him, saying that the NPP acted fairly and lawfully in the decision to suspend him.
Final Blow
“Taking into account all the available evidence and on the balance of probability, the plaintiff’s (Afoko’s) action fails. His claims for reliefs are dismissed,” Justice Yeboah had said in his 85-page judgement that lasted more than two hours.
“The plaintiff should remain as the indefinitely-suspended Chairman of the first respondent (NPP),” the court declared.
It also held that not only is Afoko suspended as an officer (National Chairman) of the NPP, but also as a member of the party per the judge’s interpretation of the NPP constitution.
By William Yaw Owusu