A Kumasi High Court would on Monday July 6, 2015, hear a suit brought against Mr. John Ackah, the Obuasi Constituency Organiser of the National Democratic Congress (NDC) for allegedly misappropriating GHc111,900 belonging to the party.
The said GHc111,900 is believed to have been paid to Ackah by the Obuasi Small Scale Miners Association as Corporate Social Responsibility to the Obuasi Municipal Assembly, for which the Municipal Chief Executive directed the association to channel their support through the defendant.
The suit was initiated by Mr. Clement Sangaparee, a founding member of the NDC, who contends that the amount belonging to the party had been diverted and misappropriated, hence the suit to compel the defendant to refund the monies.
The Constituency Organizer, who is also the NADMO Co-ordinator of the Obuasi Municipal Assembly (OMA), had previously prayed the Obuasi Circuit court to strike out the case for want of jurisdiction, in accordance with Section 42 (3) of the Courts Act 1993.
His position premised on the fact that the amount (GHc111, 900) being claimed by the plaintiff exceeds the court’s jurisdiction. Following, His Honour Justice Frank A. Rockson of the Circuit Court at Obuasi, guided by Order 1 Rule 2 of C.I. 47 which borders on effective justice, avoidance of delays, unnecessary expense and multiplicity of proceedings on October 16, 2014, declined jurisdiction and ordered the Registrar of the Court to forward the case docket to the Chief Justice for the necessary transfer of the case to the appropriate court.
The Chief Justice then advised that the case be transferred to a High Court in Kumasi for determination. At the last adjourned date of June 18, the defendant reported late in court as a result of which Justice Abodakpi was compelled to adjourn hearing to Monday July 6.
The court also awarded cost of GHc500 against the NADMO co-ordinator at the instance of the counsel of the plaintiff. Meanwhile, John Ackah has denied knowledge of any such association called Obuasi Municipal Artisan Co-operative Small Scale Miners Association in his statement of defence.
He also contends that he has he not received a pesewa from the plaintiff and could not have failed to refund or account for any money to the plaintiff. The defendant also wants the court to strike the action against him because the plaintiff is not well represented before the court.
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