Mr. Kpoh is the Gen. Sec. of the ICU of Ghana
By William Yaw Owusu
Friday August 17, 2007
A SIZEABLE number of placard bearing members of the Commercial and Industrial Workers Union (ICU) yesterday thronged the Fast Track High Court premises in Accra where hearing of writs involving the leadership crisis in the union was going on.
The struggle is between Napoleon Kpoh and Ahmed Yusuf Salifu, General Secretary and Chairman of the ICU, respectively, on one hand and other members of the National Executive Council (NEC) on the other.
The purported removal of Mr. Kpoh from office has resulted in a joint writ filed by the General Secretary and the Chairman to halt the action by the NEC as well as a counter one by the NEC seeking to restrain the two from holding themselves as officers of the union.
The legal tussle began on August 9, when the NEC reportedly said it had instituted an Interim Management Committee (IMC) to take over the running of the union from Mr. Kpoh and his executives.
They had claimed that they took the decision because the tenure of office of the Kpoh-led administration had ended.
Following the declaration, Mr. Kpoh and Mr. Salifu filed the application to restrain the NEC and others from removing them from office until a delegates congress decides on their fate.
They claimed in the writ that the decision taken by the NEC contravenes the constitution of the ICU.
The writ cited Gilbert A. Awinongya, (Deputy General Secretary (Administration), Solomon Kotei Mensah, First National Trustee, Christiana Baidoo, Second National Trustee and Theophilus Tenkorang, executive member.
The NEC also filed a motion at the same court to restrain Mr. Kpoh and Mr. Salifu from acting or holding themselves as General-Secretary and Chairman of the ICU respectively.
They asked the court for an order to restrain Mr. Kpoh from “making any pronouncements to the media in a purported capacity as Chief Executive or General Secretary of the union with effect from August 11, 2007.”
Tension in the packed court, presided over by Justice K. Anto Ofori-Attah was high as the two applications were moved.
It started when Mr. Albert Adaare, counsel for the NEC, in announcing himself, told the court that the positions of all those cited by Mr. Kpoh in his suit became vacant on August 10.
“It is only the NEC which is in operation. For this reason I am representing the NEC. The others cannot come to court because their positions are vacant.”
In reaction to counsel’s submission, Mr. C.K. Koka, counsel for Mr. Kpoh and Mr. Salifu said “at the time the writ was issued the defendants were in office. Counsel should formally file a motion so that we can react properly.”
In moving his application, Mr. Koka said “as far as we are concerned, our tenure of office will end when there is a delegates congress.
“There have been constitutional conventions. He is required to give a report at the congress after which the Chief Labour Officer will dissolve the old executives and swear the new team into office,” he said.
He told the court that Article 10(2) of the ICU constitution which states that “the NEC shall have no power to charge decisions had been breached by the defendants.
Counsel further argued that the NEC meeting that purportedly removed Kpoh and Salifu, was not properly constituted, saying “the NEC did not have the power to change the decision of the delegates conference.”
“We are seeking the court’s order to maintain the status quo until the matter is determined because the NEC resolution was passed without the chairman of the ICU and Article 12(2) and 12(2) (e) are firm on this.”
“The very people who are claiming to have removed my clients are in the purported IMC.”
Responding, Mr. Adaare said the remedy being sought by Messrs Kpoh and Salifu “is an equitable one and Article 13(3) which talks about tenure of office is very strict on this.”
“They have interpreted the ICU constitution wrongly. Their mandate has expired and it is only the court that can extend it.”
Counsel said going by Article 10 (i), the NEC is the only body that can run the ICU until congress appoints new executives, adding, “The NEC has the power to determine who should lead the union, in the interim.”
“They are seeking to perpetrate themselves in the face of clear constitutional violation and it is the common union members who will suffer.”
Reacting on points of law, Mr. Koka said, “We are not here to extend our tenure of office we are only seeking that the ICU constitution be respected.”
The court will give its ruling on Monday, August 20.
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