Retired Supreme Court Judge, Mr. Francis Y. Kpegah has filed another writ, albeit “materially different but partly similar” to his first writ, challenging the law credentials of the 2012 Flagbearer of the main opposition New Patriotic Party, Nana Addo Dankwa Akufo-Addo.
The first writ was struck out by an Accra High Court presided over by Justice Cecilia Hanson Sowah.
The Court described the case as “vexatious, unmeritorious and frivolous” on grounds that Mr. Kpegah failed to plead facts to the allegation to justify his claims.
The retired Justice sought the court to declare Nana Akufo-Addo as an impersonator of a certain William Addo Dankwa Akufo-Addo.
However the Court said if Justice Kpegah had done a diligent search, he would have found that the NPP Flagbearer is the same person as WAD Akufo-Addo, who is in the roll of lawyers as Number 1190 and called to the bar on July 8, 1975.
The Court noted that: “It is a person who is called to the bar and not a name”.
The judge, who observed that the plaintiff had not challenged the fact that Nana Addo Dankwah and WAD Akufo-Addo refers to the same person, quizzed the basis on which the allegation stood.
Justice Sowah, therefore, agreed with the lawyers of Nana Akufo-Addo that the action was frivolous and vexatious and accordingly struck it out.
However, as promised by Justice Kpegah’s Counsel, Mr. David Annan after the case was struck out, the retired Justice has filed a new writ which Mr. Annan tells XYZ News has been served on Nana Akufo-Addo.
“…It’s a different writ”, David Annan confirmed but clarified that: “There are some of the previous paragraphs but it is materially different and therefore we are entitled to bring that claim; it was never heard on the merit and we would want to the case to be heard on its merit”.
He said: “We are very definite that we want Nana Akufo-Addo to have his day in Court”.
Mr. Annan said the new writ is water-tight and cannot be struck out in like manner as the first one.
“I have told them that if they attempt to try and struck it out this time, they will be facing me”.
“…There are differences and therefore it will not be possible for anyone to attempt to strike it out on the same grounds or on old grounds or even on fresh grounds. If that is the intention that they have, I wish them a lot of luck but I can assure that they will not succeed”, Mr. Annan warned.
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