The suspended National Chairman of the New Patriotic Party (NPP), Mr.Paul Afoko has filed a notice of appeal against the judgement on the case which he is challenging his suspension.
Mr. Afoko is praying the Appeals Court to set aside the judgement of the High Court and grant his reliefs endorsed on the writ of summons.
According to the notice before the Appeals Court, the trial judge erred by declaring that Mr. Afoko was the indefinite suspended member and National chairman of the NPP in the absence of any counterclaim or evidence on record.
The notice added that the judge, Justice Anthony Yeboah, erred in his interpretation of Article 3(5)(7) of the NPP constitution, by holding that the a member of the party includes an officer, thereby occasioning a substantial miscarriage of justice.
It added that the judge committed a blunder by failing to hold that the plaintiff successfully proved a case of bias against Maame Ama Busia and Professor Mike Oquaye, as being members of the Council of elders, and the panel that heard the petition for the removal of Mr.Afoko at the National Disciplinary Committee.
It further added that the judge also erred by assuming the position that the determination of the consolidated petition outside the 21 days period mandatorily provided for in the constitution was not fatal thereby occasioning a substantial miscarriage of justice.
Another basis of the appeal was that the Judge of the High court erred by declaring that the National Disciplinary Committee of the NPP had jurisdiction in hearing the petition against Mr.Afoko was properly invoked.
Additionally, the notice of appeal avowed that the judge was wrong in referring and relying on evidence on record, which had earlier been expunged, adding that the judgement was against the weight of evidence
It is recalled that an Accra Human Rights High Court on August 15, entered judgement in favour of the NPP in the case, in which Mr. Afoko had wanted to overturn the decision of the party in suspending him indefinitely.
By Edem Mensah-Tsotorme