The Fast Track High Court in Accra will on September 6, 2007 decide whether or not the General Secretary of the Industrial and Commercial Workers Union (ICU), Mr Napoleon Kpoh, should be cited for contempt of court.

The National Executive Council (NEC) of the ICU is seeking an order from the Accra Fast Track Court to commit Mr Kpoh for contempt of court for disobeying the orders of the court which restrained him from holding himself as General Secretary of the ICU, but Mr Kpoh has denied any wrongdoing.

The court, presided over by Mr Justice K.A. Ofori-Atta, fixed the date after counsel for the NEC, Mr Albert Adaare, and counsel for Mr Kpoh, Mr C. K. Koka, had argued their cases.

Mr Adaare held that the court should cite Mr Kpoh for contempt of court for disobeying court orders by still reporting to work and issuing instructions contrary to court orders but Mr Koka insisted that his client was not in contempt of court because he (Mr Kpoh) was still the General Secretary until the court determined an application for execution of the court order filed by Mr. Kpoh.

According to Mr Adaare the defendant disobeyed court orders and went to the offices of the ICU after the court order but Mr Koka said his client went to the office to prepare handing over notes.

Mr Adaare argued that the defendant had also refused to hand over the vehicle in his possession to the ICU as ordered by the court but Mr Koka explained that his client had three days within which to hand over all ICU property after the court ruling.

While lawyer Adaare insisted that Mr Kpoh had barricaded the ICU office as well as granted interview to Peace FM, a private radio station in Accra that he (Mr Kpoh) was still the General Secretary, lawyer Koka explained that Mr. Kpoh did not intend to, be disrespectful towards the court but had barricaded the office for security reasons.

Mr Adaare further submitted that Mr Kpoh should not hide behind the filing of the stay of execution of the court order and do as he pleased, adding that the defendant had dragged the name of the court in the mud and must be dealt with accordingly but Mr Koka prayed the court to forgive the defendant of any wrongdoing because the defendant would not do anything to drag justice in the mud.

The court had earlier subpoenaed Mr Kwame Sefa Kayi, a radio presenter at Peace FM, to produce the tape recording of the said interview in which Mr Kpoh was alleged to have said he was still the General Secretary of the ICU but Mr Koka said the procedure for the service of the subpoena was wrong.

Mr Adaare then prayed the court to discharge Mr Kayi.

The court accordingly discharged Mr Kayi and awarded cost of one million cedis against the NEC in favour of Mr Kayi.

NEC, the second highest decision-making body after the delegates conference, declared on August 2, 2007 at an emergency meeting that it was dissatisfied with the leadership's preparation towards this year's conference, scheduled for August 13-15, 2007, and had, therefore, constituted an Interim Management Committee (IMC) without the General Secretary.

Mr Kpoh described the action of the NEC as unconstitutional and sought an injunction to restrain the NEC from interfering in his functions as the General Secretary of the Union and also declare his purported removal from office as null and void.

However, the court on Monday August 20, 2007 restrained Mr Kpoh and the union's chairman, Mr A.Y.B. Salifu, from holding themselves in office, but the two filed a notice of interlocutory appeal as well as a motion on notice for stay of execution, pending the outcome of the appeal to challenge the decision.

The Fast Track High Court will on September 6, 2007 hear the motion on notice for stay of execution of the court's order, pending the outcome of the appeal.



Source: Daily Graphic