MOHAMMED K. BOATENG vs. THE NATIONAL CHAIRMAN, N.P.P. & 5 ORS [2010]DLCA6520

Date	2010-06-24
Suit No.	SUIT NO H1/51/2010
Citation No.	[2010]DLCA6520

QUAYE J.A. (PRESIDING)

YAW APPAU J.A.

ADUAMA OSEI J.A

MR. OLIVER ATSU ABADA FOR PLT’/APPELLANT

MR. KWAMINA BAIDEN FOR 6TH DEFT’/RESPONDENT

[2010]DLCA6520
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													<main id="main" class="content" style="min-height: 60rem" >MOHAMMED K.
BOATENG<o:p></o:p>vs.<o:p></o:p>THE NATIONAL CHAIRMAN, N.P.P. &amp; 5 ORS.<span lang="EN-GB" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:
&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0"><o:p></o:p>[COURT OF APPEAL, ACCRA]<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">

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MR. KWAMINA BAIDEN FOR 6TH
DEFT’/RESPONDENT <o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
115%;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">QUAYE J.A. (PRESIDING),
YAW APPAU J.A., ADUAMA OSEI J.A.<o:p></o:p>

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

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;mso-outline-level:1;border:none;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>YAW
APPAU, J.A. <o:p></o:p>This
is an appeal against the ruling of the High Court dated 25th September 2008.
The facts of the case leading to this appeal are that, the plaintiff in the
court below who is the appellant in this Court and would simply be referred to
as appellant, described himself as a card-bearing member of the New Patriotic
Party (NPP) in the Mampong Constituency of the Ashanti Region. He commenced the
instant action in the court below against the following, viz; the National
Chairman of the NPP as the 1st defendant, the General Secretary of the NPP as
the 2nd defendant, Mr. Yaw Amankwah the then Ashanti Regional Chairman of the
NPP as the 3rd defendant, Oheneba Kwasi Duwaah the then Mampong Constituency
Chairman of the NPP as the 4th defendant, Alhaji Musah Rahman, the Constituency
Vetting Committee Chairman of the NPP as the 5th defendant and then one Francis
Addai-Nimoh who was elected as the NPP Parliamentary Candidate for the Mampong
Constituency as the 6th defendant. <o:p></o:p>Though
the 1st, 2nd and 6th defendants entered appearance to the writ, it was only the
6th defendant who filed a statement of defence to the action<o:p></o:p>The
gravamen of the appellant's case in the court below as expressed in his
twenty-paragraphed Statement of Claim filed on 4/7/2008 was that the election
of the 6th defendant Francis Addai-Nimoh as the Parliamentary Candidate for the
Party in the said constituency should be declared null and void since he was
not qualified to be elected as such. According to him, the 6th defendant did
not meet the requirements that qualified him to contest the Parliamentary
primaries of the Party. He alluded to a lot of factors, which according to him
showed clearly that the 6th defendant did not meet the said requirements. <o:p></o:p>He
went on to say that despite these anomalies, the officers of the Party included
in the action ignored the 6th defendant's non-qualification and went ahead to
endorse him as the Party's candidate for the constituency. He was therefore
compelled to institute the action against all the defendants claiming the
reliefs as endorsed on the Writ of Summons that was filed together with the
Statement of Claim on 4/7/2008. These reliefs were as follows: <o:p></o:p>a. A declaration that the
qualification by the Vetting Committee of the 6th defendant to stand for the
primary elections in the Mampong Constituency was unlawful and thus null and
void. <o:p></o:p>b. A declaration that the primary
elections of 13th May 2008 which elected the 6th defendant as the prospective
candidate of the NPP for the Mampong Constituency for the December 2008 general
elections is invalid, null and void. <o:p></o:p>c. A further declaration that the 6th
defendant herein is not qualified to contest the primaries in the said Mampong
Constituency. <o:p></o:p>d. An order of injunction restraining
the 6th defendant from in any way either by advertisement, campaign posters,
participation in programmes, mounting of political platforms, howsoever, or
otherwise from holding himself out as the candidate for the 2008 parliamentary
elections in the Mampong Constituency until the final determination of the suit
herein. <o:p></o:p>e. A declaration that the conduct of
the 1 — 4th defendants are in material breach of the 21 point code of the Party
on conduct for contesting as parliamentary candidates as well as the
constitution of the party. <o:p></o:p>f. An order compelling the 1st, 2nd,
3rd and 4th defendants to declare the incumbent Member of Parliament who was the
runner-up in the 13th May 2008 primary elections as the duly elected candidate
for the Mampong Constituency in the December 2008 elections. <o:p></o:p>In
his statement of defence which was amended on 29/7/2008, the 6th defendant
</main>