Paul Afoko Must Go To Court To Save NPP Constitution
The Patriotic Future of NPP has followed carefully the recent development in our great party, the NPP, on the supposed suspension of our duly elected National Chairman, Mr. Paul Awentami Afoko.
We have also monitored the narrations from members of the Disciplinary Committee, National Executive Committee, National Council and the communication wing of the party, all geared toward burying constitutional arrangements in the supreme document that binds us as a party and the gradual collapsing of the principles and ideals our forebears left for us.
It is apparent that the prevailing situations in NPP today set the tone for individual members to take their destiny into their own hands, because the party has failed to protect them under its constitution. The fundamental to our present intentions as a political party is the desire to become masters of our own destiny. A right which some will want to rob us for their own ends.
The time has come for Paul Afoko to keep the guard of NPP’s Constitution, especially, against these unpatriotic and selfish persons who have lost the chance to take NPP to power both in 2008 and 2012 for a ride. After all, that is what he swore to protect when he was overwhelmingly elected in Tamale.
We are asking for nothing more than for him to go to Court to restore the constitution of the party in such a way that nothing will be done by the party, whether by Good or evil, without recourse to the party’s Constitution. That is our sustenance as a party and a tradition.
For us, there can be no democracy in the face of injustice. We therefore vowed that we are prepared to die for our freedom by supporting Paul Afoko to fight in the Courts of the Land to salvage the New Patriotic Party from the evil hands of ‘Political Talibans’. There is no more justice in NPP. We are now experiencing total breakdown of the rule of law. People are being suspended because they are perceived to be blue and not white.
Recently, some executives of our party, dissatisfied with the current happenings in the party, visited the party office with a petition to protest the mishandling of our party’s constitution. This, we believe is their fundamental rights, first as citizens of Ghana and members of a party that is the apostle of democracy. But today, they have been suspended due to a generic petition generated from Accra and we are of the belief it is an attempt to gag people from speaking up against injustice. It is noteworthy that this is not the first protest over a decision of the NEC or Council that has seen a protest. All infamous decisions have tasted a bit. During Chairman Jake’s era, we protested against the Top-Bottom approach of electing our leaders and no one was suspended or beaten. The decision of the NEC to allow only female contestants in areas we have only female MPs were also resisted by the very people who came to the party office. Today, executives are being beaten, insulted, and handled like chicken because they stood for the truth.
We are by this statement urging Mr. Paul Awentami Afoko to be emboldened by;
(A) Article 33 of the 1992 Constitution of the Republic of Ghana to seek the PROTECTION BY THE COURTS per Article 33 clauses
(1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress.
(2) The High Court may, under clause (1) of this article, issue such directions or orders or writs including rites or orders in the nature of habeas corpus, certiorari, mandamus, prohibition, and quo warrant as it may consider appropriate for the purposes of enforcing or securing the enforcement of any the provision of which the person concerned is entitled.
(B) THE UNIVERSAL DECLARATION OF HUMAN RIGHTS TO;
1. Due process rights that protect against abuses of the legal system without trial, secret trials, and excessive punishments;
2. Political rights that protect the liberty to participate in politics through actions such as communicating, assembling, protesting, voting, and serving in public office;
NATURAL JUSTICE
This concept aims at securing a fair and impartial administration of justice. The concept of natural justice is anchored on two main principles:
(1) Nemo Judex In Causa Sua Rule: It is a principle against bias by judicial officials. A judge will therefore will be disqualified from sitting on a case: he or she has direct financial or proprietary interest in the case.
(i) A judge should not sit on appeal emanating from his own decision
(2) Audi Alteram Partem Rule
The principle encompasses the following requirements:
i. That the parties shall be fully notified of the charges or complaint
ii. That the parties shall be given full and adequate opportunity to prepare their defence
iii. That the parties shall have the right to appear at the hearing and be legally represented if they so desire
iv. That the trial or hearing shall be conducted in a judicial manner, even though not necessarily in all cases.
(C) Considering Prof. Mike Ocquaye in his book Politics in Ghana 1982-1992, ‘The Rule of Law lays down certain rules of procedure which must be followed by whoever adjudicates on the rights of a citizen. To him, it is to prevent a Kangaroo Court system (e.g. Trial by night and in secret places without counsel) –the existence of which precludes a regime from claiming to be democratic. The good old Lecturer said the tenets of the Rule of Law include the following: (i) every adjudicator must hear both sides arriving at a verdict relating to any controversy or accusation; (ii) every side in a controversy is entitled to have its case duly considered before a decision is taken. This includes all relevant factors in an issue; (iii) no man can be a judge in his own cause; (iv) reasons must always be given for a decision reached; (v) justice should not only be done but it must manifestly be seen to be done.
These are rules meant for judicial bodies, arbitrators, conciliators, administrators, security personnel, legislators, and everyone who takes some decision that affects a citizen. The rule of law per Mike Oquaye’s account extends to further in the provision of safeguards against arbitrary arrest and detention pending trial as well as securing speedy trial of accused persons as a means of preventing enforced incarceration by unwieldy officials. He stated further that the concept means that not everything is lawful to the authorities and it provides for a limitation on both how the authorities may reach a decision and upon what they may or may not do.
Finally, Nana Addo Dankwa Akufo-Addo in the Third Republic, where he used the law courts to overturn some of the most arbitrary, yet ostensibly legally immune decisions of AFRC regime, and during the Military dictatorship in Ghana, when Nana Akufo-Addo engaged the law courts in defending the rule of law and promoting the rights of Ghanaians. He brought the Constitution of the Republic alive by severally and successfully challenging the metamorphosed PNDC regime, which had turned itself into a civilian government, to abide by the tenets of the fundamental law of the land.
Paul Afoko must not budge to the calls following the blatant disregard and overthrow of the party's constitution. Such a move would amount to an irresponsible decision for not pursuing this matter to its logical conclusion.
The Kangaroo Court System of the New Patriotic Party must be brought to an abrupt end, if not, posterity awaits us.
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