Politics of Sunday, 18 June 2006

Source: GNA

Kwabre West NPP chairman petitions Chief Justice

Kumasi, June 18, GNA - Odeneho Kwaku Appiah, Kwabre West constituency chairman of the NPP, has expressed misgivings at the circumstances under which a case involving him and an activist of the NPP in the constituency had been transferred from High Court Five to Four in Kumasi.

He has, therefore, petitioned the Chief Justice against the transfer and prayed him to rescind the transfer order and send the suit back to the Cause List of the original court, which is presided over by Mr Justice K.A Ansu Gyeabour in order not to give cause for people to suspect foul play in the dispensation of justice. In a petition filed on his behalf by Mr Yaw Boafo, a Kumasi based legal practitioner, Odeneho Appiah stated that Justice Ansu Gyeabour had not shown any bias in favour of any of the parties to justify the transfer of the suit from his court.

He said on April 29, the day the suit was supposed to be heard, he together with his counsel went to the court only to be informed orally that the suit had found its way into the Cause List of High Court Four. Odeneho Appiah said upon enquiries by his counsel, it was discovered that the transfer was ordered with an accompanying letter signed by the personal assistant to the Chief Justice that the hearing of the suit be completed by June 30.

He said he was aware of the time honoured judicial principle supported by distinguished legal authority that the power to order a transfer was used sparingly except in the most extreme circumstances that could not be said to exist in his case.

Odeneho Appiah appealed to the Chief Justice to refer the suit back to the original court to ensure fairness and justice for all the parties. One Alfred Kobi, an NPP activist in the Kwabre West constituency, last year initiated a court action against Odeneho Appiah and Mr F.F Antoh, the immediate past Ashanti Regional chairman of the party, challenging the eligibility of Odeneho Appiah to contest the elections that saw him win the constituency chairmanship.

The plaintiff's action was against the backdrop tha, Odeneho Appiah was not a resident of the constituency and should therefore not be elected to any position in the party in the constituency. However, in October last year, the National Steering Committee of the NPP, after investigations, approved the election and the subsequent swearing-in of Odeneho Appiah into office as the constituency chairman. Mr Kobi, who was still not satisfied, filed a writ at the Kumasi High Court Five demanding the nullification and swearing-in of Odeneho Apiah on the grounds that he was elected in contravention of the NPP constitution.