An Accra Fast Track High Court presided over by Mr Justice A. Asante on Thursday ruled that the re-election of Mr Freddie Blay, Member of Parliament (MP) for Ellembele, as the Convention People's Party (CPP) parliamentary aspirant for that constituency was proper, valid and in compliance with the party's constitution.
The Court also prohibited the respondents including the Party's flag bearer, Dr Paa Kwesi Nduom, the CPP Chairman; Mr Ladi Nylander; the Vice-Chairman, Dr Abu Sakara; the General Secretary, Mr Ivor Greenstreet; the Treasurer, Mr Mike Eghan; and Mr Kosi Dedey, the Spokesperson from organising any further primaries in the Ellembele constituency.
The Court further awarded a cost of 500 Ghana cedis against each of the six respondents.
Mr. Freddie Blay, who is also the First Deputy Speaker of Parliament, had sued the CPP and six of its leading members, including the flag bearer, Dr Nduom, seeking a declaration that the primary held to elect him as the party's parliamentary aspirant was proper, valid and in compliance with the party's constitution.
This was after the Central Committee of the CPP had sanctioned Mr Blay for attending a New Patriotic Party (NPP) rally at Ainyinase in the constituency on April 30.
The Court said the press release, which was purported to have nullified Mr Blay's election acted in excess of the CPP constitution.
The Court said the respondents who had objected to the re-election of Mr Blay should have gone back to the constituents for their mandate and not acted ultra vires.
Mr Blay and five others, namely, Mr Francis Quayson, Mr Kwasi Kutea, Mr Kwame Appreh, Mr Samuel Akainyah and Mr Kwasi Andoh, were also seeking an order of certiorari to quash the decision of the Central Committee which nullified Mr Blay's election on the grounds that the decision was without jurisdiction, against the CPP's constitution and, therefore, unlawful.
Mr Akwetey, a leading member of the CPP, on September 18 pleaded with
the court to give the party some time to resolve its differences.
Mr Akwetey said the dispute was not healthy for the party and for that matter efforts were being made to settle it.
Mr Yao Yegbey, counsel for the defendants, at an earlier sitting prayed the court to dismiss the application on the grounds that the party did not nullify Mr Blay's re-election.
He said what happened was that an objection was raised to Mr Blay's candidature and explained that the matter could have been resolved.
"If the applicants had taken time to find out what happened, they would have realised that the election had not been nullified," Mr Yegbey told the court.
According to counsel, Mr Blay did not exhaust the processes set out in the party's constitution for aggrieved party members.
He said it was a contractual agreement for Mr Blay to obey the rules and regulations of the party, adding that the claim by Mr Blay that the party had violated his fundamental human rights was a fallacy.
Responding, counsel for the applicants, Mr Godfred Yeboah Dame, said the arguments by counsel for the defendants were misleading and unmeritorious, especially when it was clear that the Central Committee of the party had acted in excess of its jurisdiction.
He said Mr Blay's argument bordered on an infringement of his fundamental human rights, as enshrined in Article 33 of the Constitution, adding that the court had the jurisdiction to look into matters that bordered on the fundamental human rights of persons.
He also prayed the court to declare that Mr Blay was the properly elected CPP parliamentary candidate for the Ellembele, as well as grant an order of mandamus compelling the Central Committee of the party to hold Mr Blay as the duly elected candidate.
Mr Dame further prayed the court to declare that the primary held on August 23 to elect Mr Blay as the candidate had been proper, valid and in compliance with the party's constitution.