ASABEE OUGHT TO BE DISQUALIFIED FOR 'CAMPING & BRIBING

…hearing on Thursday at Accra Fast Track court
By Charles Takyi-Boadu
Posted:Monday, July 14, 2008
The controversy surrounding the Mfantsiman West constituency primary of the ruling New Patriotic Party (NPP) has taken a new twist, with Information and National Orientation Minister, Mr. Stephen Asamoah Boateng yesterday being denied the opportunity of being introduced at the Kasoa rally by Nana Addo because of a court action.
The Minister has been cited for contempt in a crippling writ filed by Mr. Kweku Paintsil who also joined the incumbent Member of Parliament for the area and eight others, including the regional Chairman, Mr. Bootie Danquah Smith. The court will hear the responses of Mr. Asamoah Boateng on Thursday after his lawyers entered an appearance last week.
The other defendants include the NPP constituency Secretary, K. Duako Mensah and the 1st Vice Chairman of the constituency, Felix Antwi among others.
The aggrieved Parliamentary aspirant is praying the court to impose punitive measures on the defendants for defying the orders of the court.
In an affidavit in support of his application for contempt filed on Friday, July 11, 2008, at an Accra Fast Track High court, Lawyer Paintsil claimed among other things that in spite of an earlier suit which sought to bar Asabee and the other defendants from holding presenting himself as the Parliamentary Candidate of the constituency, the aforementioned individuals have jointly and severally disobeyed the court order.
With the knowledge of a pending court action, he alleged that Mr. Asamoah Boateng has inundated the entire Mfantsiman constituency with his campaign posters, a copy of which he said will be shown to the court on the hearing of this application.
He averred that these posters are intended to demonstrate to the electorate that the incumbent MP is the party’s Parliamentary Candidate for the impending national elections, notwithstanding the court’s action, or that the court action will come to nought.
Lawyer Paintsil deposed to the facts contained in the affidavit, which he said are within his personal knowledge and belief.
He has thus given indications that at the hearing of this application, his Counsel, George Aborgah of Quandzie and Associates shall seek leave to refer to all processes filed in connection with the suit.
On sundry dates and times unknown to him, including Friday, July 4, 2008, Lawyer Paintsil noted that all the defendants visited some towns and communities in the Mfantsiman West Constituency and openly and publicly campaigned for the incumbent by introducing him as the duly elected or nominated candidate of the NPP, for the impending parliamentary election and requested that the electorate should vote for him.
According to him, the activities of the defendants were the subject of various radio and television news reports, including, but not limited to Unique Radio news bulletin of Sunday 6th July, 2008; Radio Central News Bulletin of Monday 7th July, 2008 and the Daily Guide newspaper edition of Tuesday 9th July, 2008, on page 17.
“All the Respondents herein are adamant and have threatened publicly and openly at sundry places and times, to repeat their conduct by introducing Mr. Stephen Asamoah Boateng as the party’s Parliamentary Candidate for the Mfantsiman West Constituency, at a mass political rally scheduled to be held at Kasoa on Sunday, 13th July, 2008,” he emphasised.
For this reason, plaintiff said “I am convinced that the aforesaid conduct of the Respondents constitutes an affront to the administration of justice and the same is in contempt of court, having regard to the fact, inter alia, that the Court has been called upon to nullify the sham elections and order the party to conduct a fresh one, at which the incumbent must be disqualified.”
By their individual and respective conducts, he noted that the respondents are of the view that they are either untouchable or above the laws of Ghana, by reason of their positions that they hold, or as members of the ruling government and have engaged in their various conduct regardless of the consequences, firmly believing that they cannot be punished by any Court.
Lawyer Paintsil therefore believes that the court has powers to bring the respondents and each of them to order and punish them accordingly for their contempt of court, saying “wherefore, and in the circumstances I swear to this affidavit in support of the application to commit the Respondents for contempt.”
On 11th June, 2008, the aggrieved Parliamentary Aspirant commenced an action in the same court against the respondents, seeking against all of them, jointly and severally, a declaration that the purported election held on Monday 25th May, 2008, to elect Mr. Asamoah Boateng as the NPPs Parliamentary Candidate for the Mfantsiman West constituency was a nullity for the several reasons stated in the statement of claim. Consequently, he sought a court order annulling the results of the said election as void.
He also prayed the court for an order restraining Asabee from in any way, whether by advertisement, campaign posters, participating in programmes, mounting political platforms, or howsoever, holding himself out as the party’s nominee or candidate for parliamentary elections in the Mfantsiman West constituency, until final determination of the suit or until the Court otherwise directs.
He also sought an order restraining the NPP from in any way, whether by introduction or involvement in political programmes or presentations or howsoever, holding the incumbent out as its nominee or Parliamentary Candidate for the Mfantsiman West constituency for the impending general elections, until final determination of the suit or further order of the court.
Additionally, he prayed the court for an order directed to the NPP to conduct fresh election to elect a Parliamentary Candidate for the Mfantsiman West constituency and a further order disqualifying Mr. Asamoah Boateng from participating in any such fresh election on account of what he claims to be “his fraudulent electoral practices, including camping delegates and bribing them.”
Ordinarily, Lawyer Paintsil said this case would not have come to court but for the party and Mr. Mac Manu’s adamant refusal to investigate my complaints with regard to the conduct of the said sham election and what appeared to be his (Mac Manu’s) patent bias and collusion with the incumbent in all the matters forming the basis of the court action.