Seven leading members of the People’s National Convention (PNC), who were dragged before the Fast Track Court (FTC) for contempt of court, were yesterday freed as the application filed against them was thrown out.
The court, presided over by Justice Charles Quist ruled that the respondents, Dr. Edward Mahama, the 2008 Presidential candidate and Leader of the Party, Alhaji Ahmed Ramadan, Chairman of PNC, Bernard Monah, General Secretary of PNC, Attik Mohammed, Alhaji Baba Mohammed, Col. George Luri Bayorbor (rtd.) and Abraham Kaban, all elders of the PNC, had not flouted the order of the Magistrate court.
According to the court, the order given by the lower court was a restriction against Dr. Somtim Tobiga and two others, who are the applicants in the contempt application and also accused persons in a criminal case before the Magistrate court.
The court further indicated that the restriction made in the order was affecting Dr. Tobiga and his group, who had formed an Interim Management Committee (IMC) to manage the activities of the party and undermine the operations of the National Executives of the Party. A cost of GH¢5,000.00 was therefore slapped on Dr. Tobiga and his group.
In a post ruling interview, Mr. C.A. Chambers, counsel for Dr. Tobiga, intimated his intention to study the ruling very well and decide on the next line of action as his clients have the right to institute an appeal process against the ruling of the High Court.
Dr. Somtim Tobiga, a member of the PNC dragged Dr. Edward Mahama and six others to court, for allegedly flouting the orders of a district magistrate court, which directed Dr. Tobiga, his agents and party members to vacate the PNC party office until the final determination of a stealing case brought against Dr. Tobiga and two others, Ahmed Jatoh and Abu Seidu Baba Gana.
Mr. C.A. Chambers, counsel for Dr. Tobiga had argued that the respondents disobeyed the orders of the Magistrate court and subsequently put the image of the court into disrepute.
According to counsel, for the respondents to break into the offices of the party and organized press conferences, while a restraining order had been placed on all party members, shows a fragrant breach of the orders of the court.
He there requested the court to unleash punitive sentence on the National Executives and leading members of the PNC.
Mr. James Agalga, counsel for the respondents, opposed the application to commit his clients, describing the action as vexatious.
According to counsel, in the bid to sabotage the executives of the party, the applicant, without the knowledge of the executives, formed an Interim Management Committee (IMC) and broke into the offices of the PNC and made away with party properties and further organized press conferences.
It was against this back drop that Dr. Mahama was informed about the developments, who then lodged a complaint to the police, culminating into a criminal action initiated against Dr. Tobiga, Jatoh and Gana, Mr. Agalga told the court.
Counsel told the court that the applicant misunderstood what the ‘status quo’, as used in the order of the court, arguing that Dr. Mahama and his executives as people managing the affairs of the party.
Mr. Agalga noted that the order of the court was meant to preserve the status quo of the party but not to restrain party executives from conducting their job at the party office, adding that by interpreting the orders of the court, his clients were not the target.
Counsel further argued that the order of the court was not meant to grind the whole party machinery to a stand still until the final determination of the case before the court.
He therefore denied that his clients have acted in contempt of the court despite the ‘imprecise nature of the order’, adding that the applicant have not made out any case against his clients. Mr. Agalga then requested the applicant to be investigated for acting under the guise of Interim Management Committee (IMC) of the party.
The contempt of court application came on the heels of an order of the magistrate court on January 6, 2011, where Dr. Tobiga, Jatoh and Gana are standing trial for allegedly causing damage and stealing, asking on all party members to vacate the office of the PNC until further determination of the case before it..
However, Dr. Tobiga, Jatoh and Gana, all accused persons, intimated that Dr. Mahama and the other respondents flouted the court order by breaking into the party office to organize a press conference on January 18, 2011.
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