[ 2014-09-29 ]

NDC Seeks Out-of-Court Settlement
The National Democratic Congress (NDC) is seeking
an out-of-court settlement in a case in which a
party member, Linus Njonolah, had secured an
interlocutory injunction on the party's national
and regional polls.

Counsel for the NDC, Victor Adawudu, disclosed on
Friday that he had verbally told Felix Datsumo,
lawyer for the complainant, that the ruling party
was prepared to settle the matter out of court for
peace to prevail.


Linus' Beef
Linus Njonolah applied for an interlocutory
injunction to be placed on the NDC's upcoming
elections on the grounds that some key party
regulations were being breached. His application
was eventually granted by the court.

According to him, the current party executives had
overstayed their term and that the new party
guideline for the party's upcoming elections was
illegal.


Adjournment
The High Court 2 in Kumasi, presided over by
Justice Jacob Boon, on Friday adjourned the case
to October 10, 2014.

The court would decide on that day as to whether
to strike out Linus' case as being demanded by the
defendants or to grant the complainant's motion
for an interim injunction to be placed on the
party's polls.


NDC Lawyer
Addressing a section of the media in Kumasi right
after leaving the High Court room, Mr. Adawudu
said, 'We have extended an olive branch to Linus;
he is a family member.

'If he is aggrieved, why not, we shall sit down
with him, allow reason to prevail so that we can
settle this matter even before October 10, 2014
when we are supposed to return to court.'

Mr. Adawudu said again that he had even spoken to
counsel of Linus about the NDC's decision for an
out-of-court settlement, expressing confidence
that the two parties could reach a compromise
before October 10.

The NDC lawyer stated that if Linus and his lawyer
refused to allow reason to prevail, then the party
would have no other option than to face them in
court.


Linus' Lawyer
Felix Datsumo, counsel for the complainant,
confirmed that Mr. Adawudu had 'informally
whispered into my ears about an out-of-court
settlement. But at least there should be a formal
request for us to sit on the table.'

He pointed out that 'There are some reliefs that
we want to seek from the court and if the terms of
the settlement will conform to those reliefs, then
we shall have the matter settled out of court.'

Felix Datsumo, however, sounded a strong word of
caution that 'If they introduce something which
would not help the interest of my client and the
party (NDC) then I don't think we shall agree to
that.'


Court
The interlocutory injunction that was granted to
Linus expired on Friday and so the complainant and
his lawyer had filed a fresh motion of an interim
injunction on the NDC polls.

The respondents had also filed a motion in
response, praying the court to strike out the writ
of summons.

The court therefore adjourned the case to October
10 when the motions of the complainant and the
respondent would be heard by the court before it
gives its ruling.

Polls
Mr. Adawudu said the NDC is a law-abiding
political party and so they would wait until the
court's verdict on October 10 to determine when
the party would hold its polls.

The legal practitioner, who sounded positive,
reiterated that he was confident that the
complainant and the defendant could settle the
case even before October 10.

Source - Daily Guide

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