THE Convention People’s Party (CPP) Member of Parliament (MP) for Ellembele, Mr Freddie Blay and some members of the party have filed a writ at the Accra Fast Track High Court against the CPP and some leading members of the party.
They are seeking a declaration that the primaries held on August 23, 2008 to elect Mr Blay as the CPP’s parliamentary candidate was proper, valid and in compliance with the party’s Constitution.
The applicants are also seeking a declaration that Mr Blay was the properly elected CPP parliamentary candidate for the Ellembele Constituency.
The respondents are Mr Ladi Nylander, Chairman; Dr Abu Sakara, Vice Chairman; Mr Ivor Greenstreet, General Secretary; Mr Mike Eghan, Treasurer; Mr Kosi Dede, Spokesperson; Dr Paa Kwesi Nduom, flag bearer and the CPP.
Mr Blay filed the suit after the General Secretary of the CPP, Mr Ivor Kobina Greenstreet, issued a statement on August 28, 2008 to the effect that the party’s central committee had declared the election of Mr Blay null and void.
The statement argued that the incumbent MP was the subject of an investigation, whose outcome was yet to be determined, adding that the decision to nullify Mr Blay’s election was based on Article 48(f) of the CPP constitution.
In an affidavit accompanying the writ, the applicants are 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 constitution and unlawful.
They are also seeking an order of mandamus compelling Mr Dede and the Central Committee of the party to hold Mr Blay as the duly elected CPP parliamentary candidate for Ellembele and also an order prohibiting the respondents or any agent, organ or officer of the respondents from organising any primaries for the election of a CPP parliamentary candidate for Ellembele.
The applicants are also seeking an interim order directed at the respondents and their agents, officers or functionaries from engaging in media attacks on Mr Blay or make any disparaging statement in the public against the applicants pending the final determination of this application.
The application would be moved on September 18, 2008.
Speaking to the Daily Graphic, Mr Blay expressed surprise that the Central Committee of the party had passed a judgement on him based on a publication in the Ghanaian Chronicle.
“They have never listened to me, never sought clarification from me and yet by a newspaper publication, I am being accused of flouting party regulations,” he said.
In his view, everything he had done was in consonance with the CPP’s constitution and indicated that when he received from Mr Greenstreet a letter on his alleged endorsement of the NPP flag bearer, Nana Addo Dankwa Akufo Addo, he wrote back to the CPP seeking further clarification.
“Up till date, I have not received any response, only to hear or read from the newspapers that the Central Committee had taken a decision to nullify my election,” he said.
By this action, he said, the party was undermining his efforts to win the seat; they were making him not look good in the eyes of the public.
Mr Greenstreet, for his part, described the action as strange but indicated that the CPP was ready to meet him in the law court if that was his preference.
He wondered why Mr Blay could consistently fail to appear before the Disciplinary Committee of the party to just clear his name with regard to allegations that he openly declared his support for the New Patriotic Party (NPP) flag bearer, Nana Addo Dankwa Akufo Addo.
He said the party had not charged him with any crime but only invited him to explain if the allegation was true.
Mr Greenstreet said on July 17, 2008 the Disciplinary Committee invited the Ellembele MP to appear before it on July 24, and subsequently on August 1, 2008 to appear on August 13, 2008, but on both occasions he failed to appear.
Concerning the decision of the Central Committee to nullify the primary that elected Mr Blay to contest on the party’s ticket as parliamentary candidate, he said the Central Committee believed that the allegations were breach of the party’s constitution and must first be dealt with before the primary.
He said the Central Committee used its powers vested in it by the party’s constitution to nullify the primary and refer the matter to the constituency executive through the regional executive.
On why the CPP did not haul before its Disciplinary Committee members of the party who openly declared their support for other party’s candidates during the 2004 election, Mr Greenstreet said “we are in a dynamic world where things are changing. That is past, this is a different time and the CPP will not tolerate such acts again”.
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