High Court adjourns NDC case to January
Appeal Court judge declines to hear Peprah
and others’ motion
Accra (Greater Accra) 22 December 2001 - The Court of Appeal, on Friday adjourned "sine die" the Quality Grain trial following the refusal by the President of the three-member panel, Mr Justice S. A. Brobbey, to hear a motion filed by Kwame Peprah, former Finance Minister and three others.
Mr Justice Brobbey said he was familiar with two of the applicants, Nana Ato Dadzie and Dr George Yankey, both former senior public officials, and in fairness to them and the respondents he would withdraw from the panel for it to be reconstituted.
The court, therefore, adjourned "sine die" for both parties to contact the registry for the next hearing date. The other two judges were Mr Justice B. T. Aryeteey and Mr Justice Owusu Ansah.
The applicants and Ibrahim Adam, former Minister of Food and Agriculture, had appealed against a ruling of the Fast Track Court (FTC) not to grant them stay of proceedings pending an appeal against another ruling of the court.
The FTC, which is trying the applicants for conspiring and wilfully causing financial loss to the state, overruled an application of "no case" by the defence because a "prima facie" case had been established against them.
When the court, therefore, asked the applicants to open their defence they appealed against the ruling and applied for the stay of proceedings, pending the determination of the appeal.
The FTC dismissed the application and the applicants filed the motion urging the Court of Appeal to stay proceedings at the lower court.
GRi.../
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Bolgatanga (Upper East) 22 December 2001 - A Bolgatanga High Court presided over by Mr Justice K. Piasare, on Friday adjourned to January 24, 2002, a case in which four executive members of the Bolgatanga Constituency of the National Democratic Congress (NDC) are seeking an order of the court to annul the election of a new constituency executive held on December 1.
The group is also seeking further order to restrain all those elected from holding office and a perpetual injunction to restrain the Electoral Commission (EC) from conducting the regional executive election.
The four applicants are Mr Pete Ayine, Constituency Organiser, Mr Baba Atampugbire, Youth Organiser, Mallam Danteni, Propaganda Secretary and Madam Stella Anafo, Women's Organiser.
Mr Justice Piasare said it was only fair to give attention to both counsel in order to make a firm judgement. He said the period the plaintiffs served notice of summons was considerably short to allow the other side to make meaningful preparation for a defence.
The judge said once both parties agreed that the notices were short, it was only wise that he adjourned the case to make adequate room for both parties to prepare.
Last Friday, the four persons petitioned the court to restrain the executive from organising its regional congress.
GRi.../
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