Tobigan files an appeal

SOME the leading members of the People’s National Convention, have filed an appeal at the Appeals Court against a High Court ruling that acquitted and discharged the party’s executive members for contempt of court.
The appellants, Dr Sontim Tobiga, Ahmed Jatoh and Abu Seidu Baba Gana were also appealing against  a GHc 5000 cost awarded against them (appellants) by the High Court Presided over by Justice Charles Quist on July 14, 2011.
The respondents are Dr Edward Mahama, 2008 PNC Presidential candidate and leader; Alhaji Ahmed Ramadan, National Chairman, Bernard Mornah, General Secretary; Attik Mohammed, Policy Analyst, Alhaji Baba Mohamed, Col George Luriba Yorbor and Abraham Kaba.
In their statement of case, the appellants appealed to the Appeals Court for “an order to reverse the lower court’s ruling acquitting and discharging all the respondents for contempt of court for the reason that all the respondents are the bona fide and legitimate executive of the PNC and therefore the District Magistrate order dated January 6, 2011 did not apply to them”.
It stated that the high court acted in excess or without jurisdiction when it held that the first, second and third respondents “were properly elected as the leader and the party’s presidential candidate for the 2008 general election, the National Chairman and the General Secretary of the party respectively at the National Delegates congress of the party on November 30, 2008 and therefore, had the capacity and authority to act as leaders, Chairman and General Secretary of the party when the issues as to whether or not the first, second and third were properly elected at the said national delegates congress was not an issue before the court.”
The statement of case added that the high court breached rules of natural justice when it concluded that the first, second and third respondents were properly elected according to law at the party’s national congress in Bolgatanga on November 30, 2007 as leader and the party’s presidential candidate for 2008 election, the national chairman and the general Secretary of the party respectively without giving the appellant the opportunity to comment.
“It was wrong for the court to have concluded that the first, second and third respondents were properly elected according to law at the party’s national delegates congress held at Bolgatanga as leader and the party’s presidential candidate for 2008 election, the National Chairman and the General Secretary of the party respectively without making any findings of fact and without giving reasons for its conclusions”, it noted.
According to the statement of case, the acquittal and discharge of all the respondents alleged to have committed contempt by the court was a misapprehension of the affidavit evidence before the court including the fact that not all the alleged contemnors had yet appeared before the court to answer the contempt charges.
It added that the award of the cost of GHc 5,000 against the applicants including the first applicant was clearly excessive in view of the fact that the only first and third respondents filed defence to the motion.