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| Supreme Court throws out case against NDC |
12/13/2005 |
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The Supreme Court has thrown out a case brought before it by a member of the National Democratic Congress (NDC) challenging the designation of former president Jerry Rawlings as the founder of the party.
The court presided over by Justice Sophia Akuffo struck the case out on the basis that the court has no jurisdiction to pronounce on a constitutional document that by law is non-existent.
The court said the action of the plaintiff Karl Gray Intsiful was based on the NDC’s amended constitution of 2002.
According to Justice Akuffo, the document is non-existent because it is not recognized by the law, since its was not registered and gazetted by the Electoral Commission.
Attorney General Ayikoi Otoo was expected to prosecute the case for the plaintiff.
However he withdrew at the beginning of the proceedings and gave way to the plaintiff’s lawyer Fredua Agyeman.
The lawyer apologized to the court for the haphazard nature of the writ filed by the plaintiff saying but for the intense public interest, he had wanted for the case to be heard at a later date.
But the apology was dismissed.
The defence was denied cost.
Karl Gray Intsiful was seeking a declaration from the court that provisions in the NDC constitution, which designates an individual as the founder of the party contravenes the 1992 constitution.
The plaintiff, Karl Gray was absent from the court and when the judge asked of his where about the court was told that Mr. Intsiful had called on Monday night to say that he was scared.
Other leading members of the NDC present at the court include aide to the former president Victor Smith and Squadron Leader Clend Sowu.
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