A Tamale High Court has slapped a Gh¢ 5,000 fine on one Abdulai Dipantiche for dragging the name of NPP Northern Regional Chairman, Mohammed Bantima Samba into disrepute.
Mr Abdulai had sued the NPP Chairman and the Party for appointing Mr Yussif Toyibu as the NPP Regional Treasurer.
However, lawyers for Chairman Samba prayed the court to throw out the suit against the NPP Chairman, arguing that Mr Bantima Samba was an individual and should not have been sued for decisions taken by the party.
The court granted the plea of the NPP Chairman, saying that the plaintiff should have exhausted the NPP’s internal grievances address mechanism before proceeding to court.
It thus, fined the plaintiff Gh¢ 5,000 for ‘wasting’ the time of the NPP Chairman and gave Mr Abdulai a period under which the money should be paid.
The court, also asked the plaintiff to re-serve the party his petition.
Below is the petition served the party:
I wish to petition the Regional Executive Committee on this pertinent matter that is a serious violation to our great party constitution. Constitutions are made to serve as a guide in the form of laws for people to obey so as to allow decency, discipline and cohesion in society and for good leadership.
I therefore write to your leadership with great reluctance and a heavy heart to bring to your notice the illegality of Mr. Toyibu Ussif referring to himself as the Northern Regional Treasurer and been introduced as such in recent NPP political gatherings. The title given to Mr. Ussif Toyibu is a serious violation of Article 9 on Regional Organization of the Party’s Constitution.
The Regional Treasurer Position and any other is an elected position and can be occupied only by an elected Regional Executive Committee member or otherwise as indicated in the above articles in the constitution of the New Patriotic Party.The Northern Regional Treasurer who was elected into office in 2018 in the person of Alhaji Sibdoo Alhassanis still in his capacity as Treasurer but also acting as Northern Regional Secretary. It is only in the occurrence of the following that the Regional Treasurer Position can be vacant according to
Article, 9paragraphs (22) of the party’s constitution:
A Regional Officer shall cease to be such an Officer if:
(a) he or she resigns;
(b) he or she is removed in accordance with the procedures of removal of officers;
(c) by reason of death, bodily or mental infirmity or is otherwise incapable of carrying out his or her responsibilities as a Regional Officer;
(d) he or she ceases to be a Member for engaging in specified act prohibited under Article 3 of this constitution;
(e) he or she is expelled from the Party;
(f) he or she absents himself or herself for three (3) consecutive meetings, without any just cause.
If any of the above happened then article (24) shall then be invoked. Article 9(24) state that,
“Any vacancy, which may occur for whatever reason in the membership of the Regional Executive Committee, shall be filled in the case of the Regional Chairperson by the 1st Regional Vice-Chairperson; in the case of the 1st Regional Chairperson, by the 2nd Regional Vice-Chairperson, and in the case of the Regional Secretary and Regional Treasurer, by election of the Regional Executive Committee of another Officer to hold such office. In the case of any other Officer, the Regional Executive Committee shall appoint someone to act. Any person elected or appointed to fill a vacancy shall vacate his or her office at the same time as the other Regional Officers at the end of term of four (4) years.
I have sort legal opinion and believe same to be true that once the word shall is used in law it is necessary the law is complied with as spelt out in the said legislation. The Executive committee has no option than to make sure the said position is occupied by an elected officer.
Alhaji Sibdoo Alhassan Yakubu for what we know hasn’t resigned from his elected position as Regional Treasurer. His position is still valid and if he decides to resign and maintain his position as regional secretary then the regional Treasurer position becomes vacant for elected executive committee members to fill in accordance with artcle9(24) of the party’s constitution.
Mr.Ussif Toyibu promotion to this high office of the Regional Executive Committee Position is unlawful and disregard to the NPP Constitution and regulations governing Executive Committees promotions in the party.Am therefore petitioning to your leadership as a Regional Executive Committee to as a matter of urgency to stop and depose Mr. Ussif Toyibu from his position as the Northern Regional Treasurer of NPP.
I also wish to formally inform you that the matter is still pending in court and it is in the best interest of the party that the necessary processes are complied with to bring the matter to its rightful conclusion.
I look forward to receiving a positive response on this matter so onsets, to avoid undue complications in the good interest of our dear great party the NPP.
ABDULAI IDDRISU DIPANTICHE
(MEMBER OF NPP)
NATIONAL EXECUTIVE COMMITTEE
CONSTITUTION & LEGAL COMMITTEE NPP-ACCRA
REGIONAL COUNCIL OF ELDERS NPP NORTHERN TAMALE
Story: Mumuni Yirifa Yunus I Justicefmonline |Tamale