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THEOPHILUS KUSHIGBOR V. Y. B. SALIFU & 10 ORS

(2012) JELR 64462 (HC)

High Court  •  SUIT NO. INDL 19/2009  •  18 Oct 2012  •  Ghana

Coram
KWABENA ASUMAN-ADU

Appearances
MR. SAMUEL COJO FOR THE PLAINTIFF; MR. PETER ZWEENES WITH MS. ADJEI FORDJOUR FOR THE 1ST DEFENDANT; DR. JOSIAH ARYEH FOR THE 3RD DEFENDANT; MR. ALBERT ADAARE FOR THE 2ND 4TH TO 11TH DEFENDANTS.

Judgement

JUDGMENT

ASUMAN-ADU, J.

The Plaintiff commenced the current action on 22nd April, 2009 against all the eleven Defendants for the following reliefs:-

i. That on a true and proper interpretation of Article 10(1) of the Constitution of the Industrial and Commercial Workers Union (ICU) only the National Executive Council has the authority to manage the affairs of the Union until the holding of another Congress.

ii. That on a true and proper interpretation of Article 10(1) it is only the National Executive Council of the ICU which has power to convene a delegates conference.

iii. That on a true and proper interpretation of Articles 7(g) and 13(2), 4th, 5th, 7th, 8th, 9th, 10, and 11th Defendants who are unelected officials of the Industrial and Commercial Workers Union cannot be appointed to hold their purported acting positions in the Industrial and Commercial Workers Union.

iv. That on a true and proper interpretation of Article 13(3), 4th, 5th, 7th, 8th, 9th, 10th and 11th Defendants cannot b…

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