Kpoh, Salifu go on appeal

Accra, Aug. 20, GNA - Mr. Napoleon Kpoh, Secretary General and Mr. Ahmed Y.B. Salifu, National Chairman of the Industrial and Commercial Workers Union (ICU) on Monday filed two motions, one on stay of execution at an Accra High Fast Track Court and another appealing against a ruling that had restrained them from holding themselves out as officers of the Union.

The motion on stay of execution, pending appeal moved by Mr. Eric Atieku, counsel for the Plaintiffs would be moved on September 6, 2007 at the Accra High Fast Track Court.

On a 16-point motion, the plaintiffs said that, they believed that, "it is only just and fair that the decision of the court be stayed pending the determination of their interlocutory appeal." An Accra Fast Track High Court on Monday restrained the two plaintiffs from holding themselves out as officers of the Union. It further ordered Mr. Kpoh to hand over the Union's vehicle. A cost of two million cedis each was awarded against Mr. Kpoh and Mr Salifu.

In a notice of appeal, the plaintiffs said in the whole decision dismissing the plaintiffs' application for interlocutory injunction, the court erred and thus the decision amounted to an improper exercise of the court's judicial discretion.

"The learned judge erred in restraining the second plaintiff from an office to which he had been duly elected in accordance with the constitution of the ICU, thereby disrupting the administration of the elected offices of the ICU."

Mr. Kpoh and Mr. Salifu in their writ of summons in support of their affidavit were seeking the order of the court to restrain NEC from removing them from office.

They were also seeking the court's order restraining NEC and five members from filing any vacancies in the ICU. The National Executive Council of ICU recently announced the installation of an Interim Management Committee (IMC) to take over the running of the Union upon the expiry of the term of office of the executive of Mr. Kpoh on August 10.

Mr. Kpoh and Mr. Salifu, however, contended that they could not be removed from office during a meeting they did not attend. According to them, the Chairman or the General Secretary should be present during such meeting.

They noted that executives of the ICU were always elected during the union's delegates' conference and it was during the said conference that the old executive would hand over its mantle to the new executive. They therefore, filed a writ of summons in support of an affidavit seeking the orders of the court to restrain the NEC from filling vacancies in the ICU.