Court continues hearing case against Convention Party congress

Accra (Greater Accra), 6^th December 99

Counsel for the 12 members of the Convention Party (CP), who obtained a High Court order to restrain the party from holding its congress on November 20, has asked the court to listen to evidence to ascertain whether the congress was special or ordinary.

Captain Nkrabeah Effah-Dartey (rtd) made the suggestion in a reply to submissions made by the attorney for the three defendants, Mr. James Ahenkorah, that the congress was a "special national party congress" and not an ordinary one.

Mr. Ahenkorah who was arguing in favour of an application by the defendants asking the court to set aside the injunction order, contended that, the November 20 congress was a special national party congress which the CP's constitution allows and that the plaintiffs have no "locus standi" to ask for the injunction.

Capt. Effah-Dartey in reply said the General Secretary of the CP, who is one of the defendants, circulated a letter inviting eligible members to attend a "a national party congress" on November 20.

Counsel invited the court to take a judicial view of the fact that the signatory of the letter, who is one of the defendants, did not describe the congress as "special" as claimed by Mr. Ahenkorah.

Capt. Effah-Dartey therefore asked the court, presided over by Mrs. Justice Selassie Sawyer-Williams, that if it was in doubt as to the mode of the congress, "then the matter is a triable one, which calls for evidence from both parties" and tendered a the letter inviting members to the congress to the court.

Mr. Ahenkorah objected to the tendering of the letter because to him, counsel was introducing new matters into the case which have not been exhibited in the court but the court overruled him.

Earlier, Mr. Ahenkorah had completed his submissions and urged the court to set aside the injunction order because the plaintiffs suppressed some facts from the court which unknowingly granted the order.

GRi