THEOPHILUS KUSHIGBOR vs. A. Y. B. SALIFU & ORS [2015]DLCA8330

Date	2015-11-26
Suit No.	H1/121/2015
Citation No.	[2015]DLCA8330

KANYOKE J.A. (PRESIDING)

ADUAMA OSEI J.A.

TORKORNOO (MRS) J.A.

MAAME S. BARTON ODURO WITH EKUA O. T. ABOAGYE FOR PLAINTIFF/APPELLANT

ALBERT ADAARE FOR 4TH TO 11TH DEFENDANTS/RESPONDENTS

[2015]DLCA8330
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													<main id="main" class="content" style="min-height: 60rem" >THEOPHILUS KUSHIGBOR<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p>A. Y. B. SALIFU &amp; ORS<o:p></o:p>(DEFENDANTS/RESPONDENTS)<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;
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H1/121/2015&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE:
26TH
NOV, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MAAME S. BARTON ODURO WITH EKUA O. T. ABOAGYE FOR <o:p></o:p>PLAINTIFF/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ALBERT ADAARE FOR 4TH
TO 11TH DEFENDANTS/RESPONDENTS <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;
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KANYOKE J.A.&nbsp;
(PRESIDING), ADUAMA OSEI J.A., TORKORNOO (MRS) J.A.<o:p></o:p>

</div>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>TORKORNOO
(MRS), J.A.<o:p></o:p><o:p>&nbsp;</o:p>All the parties to this suit are
members of the Industrial and Commercial Workers Union of the Trades Union
Congress. The undisputed facts are that the ICU adopted a Constitution at its 7th
Quadrennial Delegates Conference (QDC) in August 2003 by which it would govern
its affairs. By Article 10 (1), a National Executive Council comprising all
elected national officers, members elected based on the Union’s numerical
strength in the regions; and other representative members, was to govern the
affairs of the National Union ‘between
Delegates Conference’. The NEC was also to conduct the business of the
Union.&nbsp; <o:p></o:p>By Article 13.3, the tenure of office
of a National officer was mandatorily to be four years, although they would be
eligible for reelection. Again by Article 13.2, ‘Every National Officer shall be elected at the Delegates Conference by
secret ballot’.<o:p></o:p>As at 1st August 2007, the
NEC that came into office at the 7th QDC in August 2003 had failed
to raise enough money to organize the 8th QDC that would elect the
membership of the next group of national officers. On 2nd August
2007, an emergency meeting of the NEC was convened by the National Officers to
address the following agenda – ‘the 8th
Quadrennial Delegates Conference; Funding and status of preparation’ It
must be noted that by Articles 13.2 and 13.3 of the ICU Constitution, the
mandate of the national officers who convened this meeting was to expire on 10th
August 2007 and they could only be reelected by secret ballot.<o:p></o:p>Two versions of the record of this
meeting of 2nd August were presented as exhibits 1 and 21. They can
be found on pages 530 to 549 of the ROA and 718 to 725 of the ROA. Both of
these records show that after a lengthy debate, the meeting took a break for
the leadership of the Union to enter into caucus and discuss the way forward to
raising funds for the 8th QDC. On resumption of the meeting, the
leadership of the Union presented various options for raising funds for the
conference. Another break was called for the rest of the meeting to discuss
options for raising the said funds. The leadership went out on a snack break. <o:p></o:p>At 15.45 when the meeting resumed, the
meeting was informed by the Chairman of the Finance Committee that while the
leadership was having snack, the remaining members of the NEC had taken a
decision on how the affairs of the Union should be ran after 11th
August when the tenure of the national officers ends. <o:p></o:p>The decision was that an Interim
Management Committee headed by one of the Deputy General Secretaries would run
the affairs of the Union until the next delegates’ conference could be held. <o:p></o:p>The 1st Defendant/Respondent
herein, as chairman of the meeting protested the taking of the said decision
without the involvement of the National Officers who were on snack break, and
declared it untenable and unconstitutional. His declaration was unheeded and it
is this decision which has sparked a dispute that has raged since 2007. <o:p></o:p>On 6th August 2007, four
days after this meeting, the 1st</</main>