The Court of Appeal has dismissed a motion for stay of proceedings at the High Court filed by lawyers for Fifi Kwetey, Member of Parliament (MP) for Ketu South and the ruling National Democratic Congress (NDC) in a case in which one Albert Zigah is challenging his (Kwetey’s) capability as MP for the area.
The court, presided over by Barbara Ackah-Ayensu, stated that the arguments raised by Johnson Normesu, lawyer for the applicants, do not meet the basic consideration for grant of stay of proceedings at the High Court.
She said that no injustice would be occasioned if the trial was stayed, insisting that the issues raised could be addressed in the course of the trial and ruled upon.
The judge accordingly awarded GH¢1,000 cost in favour of the respondent.
Fifi, who is also the Minister of Transport, was appealing against a ruling by Justice Kweku T. Ackaa-Boafo in the suit filed against his capacity as MP for the constituency, dated July 7, 2016 at the High Court.
The judge, among other things, stated that he could not agree more with the lawyer of the respondent that the instant application was misconceived and ought to be dismissed.
Albert sued the party following his disqualification from contesting the parliamentary primary of the Ketu South Constituency conducted on December 29, 2015.
As a result, the plaintiff headed to court seeking a declaration that his disqualification was unlawful, null and void and of no effect whatsoever.
He is also seeking an order to set aside his said disqualification. Furthermore, he wants a declaration that the holding of the said parliamentary primary without his involvement – having been unlawfully disqualified, is equally unlawful – null and void.
According to his counsel, Evans Djikunu, the plaintiff is additionally seeking an order of injunction to restrain the NDC either by itself, its servants, agents, workmen or otherwise from proceeding to put up the candidate who won the unlawful parliamentary primary in the Ketu South Constituency as its candidate to contest the 2016 general election.
He seeks a further order that the plaintiff’s disqualification be wholly set aside and a re-run of the parliamentary primary conducted to include the plaintiff as a contestant.
The plaintiff again is seeking an order of perpetual injunction restraining Fiifi from holding himself out as the NDC parliamentary candidate for the constituency and any other orders as the court may deem fit.