“Decision :Taking into account the available evidence on the record, the legal arguments and the relevant laws, I am of the considered view that, on a balance of the probabilities, the Plaintiff’s action should fail; the procedure resulting in the indefinite suspension of the Plaintiff is lawful, just and fair and it is hereby adjudged accordingly.
In the result, this Court holds that the Plaintiff’s claims for reliefs (a), (b), (c), (d) and (e) are dismissed. For the avoidance of doubt, the dismissal of relief (b) is hereby qualified with the declaration that the Plaintiff remains during the term of his office as the indefinitely suspended member and National Chairman of the New Patriotic Party (1st Defendant).
The Plaintiff’s action fails and the defence succeeds. Accordingly, I hereby enter final judgment for the Defendants. (SGD) ANTHONY K. YEBOAH, J.”.
The statement above constitutes the final ruling/ decision taking in the case of Mr Paul A Afoko V New Patriotic Party and Freddy Blay by Justice Anthony K Yeboah, who until last week Wednesday 4th April 2018 , was promoted, raised to the ranks and sworn into office as Justice of the Courts of Appeal by His Excellency the President of the Republic, Nana Addo Dankwa Akufo-Addo.
Effectively, the solemnly sworn four year mandate nobly fought by Messrs Paul A Afoko, Kwabena Agyei Agyepong and Sammy Crabbe and, given to them by the over five thousand (5000) revered delegates of the New Patriotic Party who gathered in Tamale on that faithfull day of 12th April 2014 comes to a final end , today day of 12th April 2018. Instructively, per the orders of His Lordship Justice Anthony Yeboah in the rather “bizarre” ruling supra, Mr Paul A Afoko, effectively from the 13th day of April 2018, regains his past National Executive status and membership status in the New Patriotic Party. In the ruling of the four member committee formed to look into the claims of Mr Kwabena Agyepong on the legitimacy or otherwise of his suspension, the Obiri Boahene and Kyei Mensah Bonso committee relied upon and related inter alia, that going by the ruling on the case of Mr Afoko V NPP and Freddy Blay and as well as that of Mr Sammy Crabbe V NPP exparte Attorney General, the suspension is legitimate. This stands to reason that, with the passage of time on their suspension of office which ends today, Messrs Afoko, Kwabena and Crabbe, naturally enough, are now past National executives and members of the New Patriotic Party as recognized duly by the ruling above and the constitution of the New Patriotic Party.
What is crucially paramount in all these is a working definition of what Indefinite Suspension to the NPP, means? Admittedly, considering these moments of tragicomedies that the NPP allowed itself to be consumed in, it’s worth stating that, Indefinite Suspension of an Executive of the Party would be in agreement with any fair mind that- it means REMOVAL FROM OFFICE and forfeiture of the victim’s membership status. In an interview with ace Journalist Bola Ray on Star Fm’s Star Chat, Bola Ray sought to find out President Kufour’s views on the calls for the reinstatement of these suspended executives. This is what President Kufour said ” I wasn’t ever for their being REMOVED,Yes REMOVED…I wasn’t for that.” Now, is there a distinction between Indefinite Suspension and Removal? Isn’t this too harsh for any soul, loyal to the NPP, to bear?
Another interesting lesson arriving from this disturbing episode of the party is , there’s no security of tenure for any member who turns out to be a party executive either through appointment or elections. Are members of the NPP accepting that, after one gains a conviction, put’s himself or herself up to contest an elections within the party, spends huge amount , traverses the length and breadth of the constituency, region or Nation; faces the frustrations, hazards and rigmaroles of vetting, lobbying, campaigning, staying up late in the night, sourcing for loans , etc ; it’s okay or fairly good for a certain clique of few individuals whose desires may be incongruent with the faces of an elected or appointed executive , to gang up and contrary to the provisions of the party’s constitution, remove such executive elected by the party’s HIGHEST decision making body, by catch as catch can?
Going by the provisions and dictates of the constitution of the New Patriotic Party as amended and signed by Mr Mc Manu Peter, Past executives, essentially are be duly accorded with their status as participants in National Council, National Executive Committee, Conference and the party’s Congressional meetings.
It’s important to acknowledge the industry of patient endurance , loyalty, bonhomie, law abidance, and pleasant comport as exuded by these rock-ribbed patriots, ie Messrs Paul A Afoko, Kwabena Agyei Agyepong and Sammy Crabbe through out that painful period they were exposed to. Truly, it’s important to acknowledge further the role the trio played that culminated into this important Victory of the New Patriotic Party in the 2016 elections. The National Chairman Paul Afoko and General Secretary Kwabena Agyepong as they were then, successfully organized the Presidential Primaries, that produced a flagbearer now President of this Republic, Nana Addo Dankwa Akufo-Addo. The successful conduct of the parliamentary elections yielded an emphatic victory of one hundred and seventy one (171) majority seats in parliament. In their effort to strengthen the party’s base/ grassroots, for the first time , each comstituency received directly into their accounts a credit amount of Ten Thousand Ghana Cedis (Ghc 10,000), under leadership of Mr Paul A Afoko as Chairman, among others.
To borrow the words of the first President of this Republic, Dr Kwame Nkrumah on the occasion of Ghana’s Independence day on 1957, 6th March , At long last, the battle has ended! And thus, Messrs Paul A Afoko, Kwabena Agyei Agyepong, Sammy Crabbe, are free forever!
Nipa B3 Y33 Bi…….
Source: Nana Yaa Asantewaa Fordjour, PhD.