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An Accra Fast-Track High Court will today decide the fate of Dr. Edmund Delle, National Chairman of the Convention People’s Party (CPP), Professor Nii Noi Dowuona, General Secretary, Kwesi Pratt Jnr, chairman of the publicity committee and five other executive and high ranking members, who have been hauled for contempt.
The dramatic development followed the failure of the eight persons to comply with a consent judgment, which was certified by the court following a suit brought against them.
Other respondents joined in the suit are Araba Bentil-Enchill, Johnny Hansen, Martin Donkor, Riley Opoku and B.K. Senchirey.
They could go to jail for up to 30 days without the option of a fine, depending on the discretion of the judge, if the contempt charge is upheld.
The plaintiffs in the matter, Nana Kwaku Dumfeh, Osei Tano, Kofi Aganu Luvo, Kwadwo Aduamoah, Amankwah Appiah, Francis Opai Tetteh, Atta Essiam and others, had, since November 2006, filed a suit before Justice P.K. Gyaesayor, citing inefficiency of the national executive, violation of Electoral Commission (EC) regulations and misuse of party vehicles, among others.
They pleaded also with the court to determine whether the purported dismissal of three of the party’s members of Parliament from the party was constitutional.
Also raised by the plaintiffs in the substantive suit was the issue of whether the defendants were competent enough to manage the CPP and whether the Central Committee had held a minimum of seven meetings in 2005 as spelt out in the party’s constitution.
As a result of the legal tussle, the respondents, Delle, Bentil Enchill, Hansen, Noi Dowuona, Donkor, Opoku, Senchirey and Pratt, had, in the course of the trial, agreed to have the matter settled out of court, the result of which a consent judgment was given on the matter by the trial Judge, Justice P.K. Gyaesayor.
The judge, in his wisdom, gave the two parties ample time for an out-of-court settlement, leading to the consent judgment brought before it by the parties in March, 2007, indicating that an amicable agreement had been reached.
The settlement, signed by Dr. Delle on behalf of the defendants and Nana Dumfeh for Plaintiffs, jointly agreed that the decision to dismiss the MPs had been rescinded.
It promised also to retrieve all party vehicles in the custody of Mr. George Opesika Aggudey, two-time presidential candidate of the party, Mr. Daniels and all other persons with items branded with the party name, motto and colours.
It stated that the MPs, Paa Kwesi Nduom (Komenda/Edina/Eguafo/Abrem), Kojo Armah (Evalue Gwira) and Freddie Blay (Ellembele), were as a matter of fact never dismissed.
Some of the conditions of the agreement reached by both parties included informing the defendants and the plaintiffs that the party indeed never expelled the three CPP MPs from the party so the information published in the local media about their dismissal would be cleared once and for all.
Based upon the three-page document presented to him, Justice Gyaesayor ruled that “parties have settled as one family.
They prayed that settlement be adopted as a judgment of the court. As a result, court enters consent judgement for parties as per terms of settlement filed on 14th March, 2007”.
Latest developments indicate that the eight respondents have failed to abide by the terms of their signed agreement and this had prompted the plaintiffs to go back to court.
Credit: Daily Guide
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