It has come to the attention of the Fast Track High Court (FTC) that two out of the three applicants, who cited the 2008 flag bearer of the People’s National Convention (PNC), and six others for contempt of court, had indicated their intention to withdraw from the suit.<\/p>\n
Counsel for the respondent, Mr. James Agalga, yesterday informed the court, presided over by Justice Charles Quist that Ahmed Jatoh and Abu Seidu Baba Gana, both members of the PNC had intended not to be part of the suit against the leaders of the party.<\/p>\n
However, the court intimated that the said applicants should file an application before the court, in respect of their intentions.<\/p>\n
Three members of the PNC, Dr. Somtim Tobiga, Ahmed Jatoh and Abu Seidu Baba Gana had dragged Dr. Edward Mahama and the others to court, for allegedly flouting a district magistrate court’s order, which directed Dr. Tobiga, his agents and party members, including the respondents, to vacate the PNC party office, until the final determination of a case brought against Dr. Tobiga and the two others.<\/p>\n
The other respondents are Alhaji Ahmed Ramadan, Bernard Monah, Attik Mohammed, Alhaji Baba Mohammed, Col George Luri Bayorbor (rtd) and Abraham Kaban.<\/p>\n
Meanwhile, the court has thrown out a preliminary objection raised by counsel for the applicants that the affidavit accompanying the contempt application was incompetent and should not be entertained.<\/p>\n
According to the court, the document filed before it indicate that Dr. Tobiga swore the affidavit with the support of the two other applicants, which therefore does not breach the requirements under the law.<\/p>\n
Dr. Edward Mahama and the six other executives of the PNC had argued that the application for the contempt brought against them could not be identified, noting that even though the criminal action, out of which the contempt of court is emanating, was against Dr. Tobiga, Jatoh and Gana, the contempt application only had the name of Dr. Tobiga as’exparte’, with all three applicants signing an affidavit to the suit.<\/p>\n
In response, counsel for the applicants had argued that Dr. Tobiga is the applicant in the contempt application and that he was acting on behalf of Mr. Jatoh and Mr. Gana, who were the accused persons in the criminal case before the district magistrate’s court.<\/p>\n
According to counsel, arguments made by the respondents in the case that the applicants could not be identified were not correct. Counsel, therefore, argued that his client acted on behalf of Mr. Jatoh and Mr. Gana, adding that the averments in the affidavit in support of the contempt suit attested to that.<\/p>\n
The contempt of court application came at the heels of an order of the Magistrate court, 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..<\/p>\n
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.<\/p>\n
In a preliminary objection, counsel for the respondents, Dr. Raymond Atuguba prayed the court to strike out the contempt suit, because from the records before the court, it was difficult to identify who the applicant for the contempt suit was.<\/p>\n<\/div>\n
Follow this link: <\/p>\n","protected":false},"excerpt":{"rendered":"
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