PENNIE AND ANOTHER vs. EGALA AND ANOTHER [1979]DLHC1097

Date	1979-04-20
Suit No.
Citation No.	[1979]DLHC1097

CECILIA KORANTENG-ADDOW J.

WILLIAM FUGAR FOR THE PLAINTIFFS.

OFFEH FOR THE FIRST DEFENDANT.

RILEY-POKU FOR THE SECOND DEFENDANT.

[1979]DLHC1097
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													<main id="main" class="content" style="min-height: 60rem" >PENNIE AND ANOTHER <o:p></o:p>vs. <o:p></o:p>EGALA AND ANOTHER<o:p></o:p>[HIGH COURT, ACCRA] <o:p></o:p>[1978] GLR 234<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
20 APRIL 1979<o:p></o:p>

</div><o:p>&nbsp;</o:p>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

WILLIAM FUGAR FOR THE PLAINTIFFS.<o:p></o:p>

OFFEH FOR THE FIRST DEFENDANT.<o:p></o:p>

RILEY-POKU FOR THE SECOND DEFENDANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CECILIA KORANTENG-ADDOW J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CECILIA KORANTENG-ADDOW J.<o:p></o:p>The
plaintiffs in this case maintain that they are registered members of the
People’s National Party (hereinafter called P.N.P.) a political part registered
with the Electoral Commissioner in his capacity as Registrar of Political
Parties. The first defendant is a founding member of this party and the second
defendant is a registered member. The P.N.P. was formed in accordance with the
Political Parties Decree, 1978 (S.M.C.D. 208). The application for its
registration was submitted to the registrar on 5 January 1979. In accordance
with section 1 of the Decree, the application for registration was accompanied
with two copies of the party’s constitution and two copies of the manifestoes
or rules of the party. Both copies of the constitution lodged with the
registrar were tendered in this trial as exhibit B and exhibit 2. In this
action the plaintiffs seek the following reliefs:<o:p></o:p>(a) A declaration that the first defendant’s election and
appointment or both as chairman of the People’s<o:p></o:p>National Party on 9 March 1979 is ultra vires the
constitution of the said party;<o:p></o:p>(b) An order that the said purported election be declared
null and void;<o:p></o:p>(c) A declaration that the first defendant is not qualified
to be elected as Chairman of the People’s<o:p></o:p>National Party;<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(d) and injunction restraining
the first defendant, his agents, servants, privies from performing any of the
functions of Chairman of the People’s National Party or chairman of any of the
organs of the said party;<o:p></o:p>(e) A declaration that the second defendant’s election and
appointment or both as presidential candidate for the 1979 presidential
election for the People’s National Party is ultra vires the constitution and
therefore null and void;<o:p></o:p>(f) An order restraining the second defendant from holding
himself up as the presidential candidate for the People’s National Party.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiffs have brought this action in their capacity as members of the
People’s National Party. As their capacity is seriously challenged, it is necessary
to recount their evidence of the circumstances which led to their registration
as members and the role they have played in the party. According to the
evidence, the first plaintiff was appointed by Imoru Egala to head the
intelligence network of the People’s National Party; the second plaintiff is a
member of the organization. The object of the network is to test and determine
the popularity of the party at various places all over the country. Whenever
the interim chairman, Mr. Imoru Egala, is attending a rally, the members of the
network would proceed to the area ahead of time and conduct some security
checks to ensure that the place would be safe for the chairman. The
organisation does both intelligence and security work. Both plaintiffs’ involvement
with the party began in February 1979, but they decided to have an official
seal to their membership before the national congress of the party. The
plain</main>