The case involving the New Patriotic Party (NPP) Klottey Korle constituency primary filed at the court by lawyer Philip Addison and Nii Adjei Tawiah has been adjourned at their own instances.
The parties, who were appearing in the court yesterday for the first time, after the party were no more interested in an out of court settlement over the disputed Klottey Korle parliamentary election.The case will be heard on January 19, 2016.
When the case was called for hearing yesterday at an Accra High Court presided over by Justice Patience Mills Tetteh, counsel who held brief for the substantive counsel for the petitioners (Lawyer Addison and Nii Adjei Tawiah), Frank Davies told the court that they were not served with the third defendant’s notice of appearance and therefore asked for an adjournment.
When the trial judge said she was not going to adjourn the case, counsel argued further that, Frank Davies, the main lawyer in the case had travelled outside the jurisdiction and because they had not received the entry of appearance he was not properly briefed.
Though counsel for Nii Noi Nortey, third defendant in the case argued that there was no impediment to have the case adjourned, they will not oppose what he plaintiff’s lawyer had said.
Justice Mills-Tetteh, after hearing both lawyers adjourned the case to January 19, 2016.
Lawyer Philip Addison and Nii Adjei Tawiah both defeated candidates in the NPP August 2, 2015 parliamentary primary sued the NPP ( 1st defendant) and the Electoral Commission (2nd defendant) at the HIGH Court demanding annulment of the Klottey Korley parliamentary primary results.
They are asking the court to declare the August 2 election which was won by Valentino Nii Noi Norteys illegal.
According to them, more than half of the delegates were disenfranchised and that the organization of the election was in violation of the tenets of democratic principles that are supposed to govern the election.
They claim there was no accreditation and that the register used was not certified.
The election they said violated article 55 of the NPP constitution. The petitioners are asking the court to declare that the election was an illegality.
When the case was heard in court earlier the NPP legal team led by Dr. Opoku Adusei and Prof. Mike Oquaye asked for the impasse to be settle using the party’s internal mechanisms. The court subsequently granted the request.
However, in an attempt to settle the matter at last week’s national executive council meeting, the party reportedly proposed a rerun to the election which Mr. Strongly strongly objected to.
When the matter was recalled on Tuesday, the party through its counsel, Dr. Adusei Poku told the court that it had washed its hands off the case and wanted to remain neutral.
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