An Accra Human Rights Court will on June 2, deliver judgement in the case involving suspended second vice chairman, Sammy Crabbe and the New Patriotic Party (NPP).
This was after counsel for the NPP, Godfred Yeboah Dame concluded his cross-examination of the suspended national chairman, Paul Afoko on Tuesday.
During the cross-examination Mr. Dame said the swearing of a new member to the Disciplinary Committee was not enshrined in the constitution of the party but Mr. Afoko, who disagreed with him, said the challenge was not about the swearing-in but the appointment which led to the swearing-in of Madam Eugenia Kusi.
He said her appointment was a breach of Article 4(1)(c) of the party’s constitution which stipulated that the appointment of members unto the Disciplinary Committee, which is a sub-committee of the National Executive Council.
Mr. Afoko added that the appointment should have been done by the National Executive Council, which was never the case.
He said the claim by the Council that Madam Kusi was appointed by the leader of the Minority caucus in Parliament was inaccurate, because the constitution of the party does not permit that.
Mr. Afoko further revealed that the letter to suggest that former member of the committee, William Boafo requested for a replacement on the grounds of ill-health, could not be true, because it did not bear any date.
When Mr. Dame suggested to Mr. Afoko that Mr Crabbe failed to resort to the party structures to resolve the matter because he( Afoko) was a witness and aggrieved he disagreed and said he only wanted to protect the constitution of the party and not that he was aggrieved.
Consequently, the court presided over by an Appeals Court Judge, who has an oversight responsibility over the high courts, adjourned the case to June 2, for judgement.
The suspended second national vice chairman of the NPP, Mr. Crabbe, had sued the party for indefinitely suspending him.
According to him, the Disciplinary Committee lacked jurisdiction to have recommended his suspension and that the National Executive Committee had no jurisdiction to have affirmed the said decision to suspend him, let alone indefinitely.
The application which was filed on behalf of Mr. Crabbe by his lawyer, Mr. Ekow Ampah Korsah, indicated that by virtue of the fact that the Disciplinary Committee was improperly constituted and that the entire proceedings which led to the suspension of his client were void and invalid.
“Since there is no written notice for the applicant’s removal from office, in consonance with Article 10 (4) of the NPP Constitution, the Disciplinary Committee lacked jurisdiction to have recommended the applicant’s suspension and the National Executive Committee had no jurisdiction to have affirmed the said decision to suspend the applicant let alone indefinitely,” he argued.
Mr. Korsah submitted that on the basis of lack of jurisdiction, procedural irregularity and breach of the rules of natural justice the decision of the Disciplinary Committee dated December 2, 2015 and endorsed by the National Executive Committee on December 10, 2015 be quashed.
Mr. Crabbe was suspended after he refused to appear before the Disciplinary Committee after several invitations.
By Edem Mensah-Tsotorme