Onzy Kwame Nkrumah files interlocutory injunction against CPP Chair

The application filed by the son of Ghana’s first President Osaagyefo Dr. Kwame Nkrumah is seeking six reliefs.

Onzy Nkrumah per his statement of claim is seeking, “A declaration that defendant has gotten 43% of the total valid votes cast nationally, did not obtain the minimum constitutional requirement of 50% +1 and therefore, has not been validly elected by CPP Delegates as Chairperson and leader of the Party and cannot hold herself as such.”

A declaration that the defendant having not been validly elected as Chairperson and leader of the party, cannot carry out any CPP Executive function or participate in any such CPP Executive activities.

He is also asking for “A declaration that all decisions, as well as any contractual arrangements made by Defendant on behalf of the CPP, are not binding on the Party.”

He also wants “An order directed at Defendant to render account for the period she has held herself out as Chairperson of the Party, including both tangible and intangible assets, donations, contributions, etc. that she has superintended.”

The plaintiff is also asking for “cost including lawyer’s fees” and “any other relief(s) the Honourable Court deems fit.”

Statement of claim

Onzy Nkrumah, the Plaintiff, described himself as “a citizen of Ghana and the 1st Vice Chairperson of the Convention People’s Party (CPP).”

According to him, the Defendant is also a citizen of Ghana and purports to be the Chairperson of the CPP.

He said, on August 22, 2020, the CPP held a National Delegates Conference throughout the 16 Regions to elect National Executives of the Party, in which both parties took part.

He said, while he won the Vice-Chairperson election convincingly with the highest votes cast, the Chairperson secured only 43% of the total votes cast nationally, which was short of the constitutional requirement of the Party’s 50% + 1 minimum requirement for the said position.

“Plaintiff says that Defendant, with this constitutional deficiency, still carries herself out as having won the said elections and holding herself out as an elected Chairperson of the Party.

“Plaintiff says that Defendant never won the said elections and cannot hold herself out as an elected Chairperson of the CPP, which she knows she has not constitutional achieved.

“Plaintiff presents that all efforts to make Defendant realise that she has not been constitutionally elected as the Chairperson and leader of the CPP and for her to stop holding herself out as such have proven futile. However, Defendant’s conduct is seriously misleading, as right-thinking members of society will engage her as such, which is very detrimental to the reputation and interest of the CPP,” he stated.

Court Today

In court on Tuesday, when the case was called for hearing, lawyers of the Defendant led by George Ankomah Mensah indicated to the court that, they have filed an application yesterday to set aside the writ.

But, the High Court (General Jurisdiction ) presided over by Her Ladyship Justice Gifty Agyei Addo, said there is no such application on the court’s docket.

The case has since been adjourned to April 4, 2022, for the hearing of the application to set aside the writ of the interlocutory injunction.

EIB Network’s Court Correspondent Murtala Inusah reports that both Onzy Nkrumah and Nana Frimpomaa Sarpong Kumankuma were not present in court but were represented by Samuel Yemofio and Joyce Osei Bonsu.

The latest application comes on the back of a similar application filed by two other officers of the party which was later struck out as withdrawn after the parties settled the matter out of court and the terms of settlement adopted as a consent judgment by the court.