Atik’s Lawyers Frown At His Suspension
Embattled General Secretary of the People’s National Convention (PNC), Atik Mohammed, has written to the party, telling its remaining national executive members, including Ambassador At-Large, Dr. Edward Mahama that, their action to suspend him was “alien” and “egregious assault of the PNC Constitution”.
According to the suspended PNC scribe, the decision to sack him indefinitely, was unconstitutional, adding the National Executive Committee (NEC), had no mandate to take the action it took against him during a meeting some two weeks ago.
“That by the clear stipulations of article 67 (1) (a) of the PNC Constitution, an action impugning the propriety of the conduct of a member ought to commence by a petition to National Disciplinary Committee and not the NEC”, he schooled the party executives.
The rebuttal was contained in a statement written to the party by Atik’s lawyers, A-Partners @Law signed by lawyer cum journalist, Samson Lardi Anyenini.
The statement addressed to the NEC, was a reply by Mr. Mohammed, who was written to by the party on July 24, 2017, officially announcing his indefinite suspension from the party as its General Secretary.
However, Mr. Mohammed, per the statement did not say what is going to be his next line of action, whether or not he was going to petition another organ of the party or seek redress in the law court.
The statement to the party, which among others said, it had taken notice of some eight points since their client issue broke, for instance said the July 22 meeting, which according to The Herald’s information, was conveyed by the suspended General Secretary, under the instruction of national chairman, Bernard Mornah, never tabled an assessment of the performance of Mr. Mohammed, as to how he executed his duties for the 2016 general elections.
Atik’s lawyers said, “Neither had he been charged with any offence nor was the said meeting a disciplinary panel”.
The statement continued that, the NEC meeting on that fateful day, was not the Disciplinary Committee which is mandated by the party’s Constitution to sit on issues by aggrieved person, failure to settle, which may lead to the aggrieved person appealing to NEC for a second look.
“That the NEC as constituted on said day wasn’t /isn’t the Disciplinary Committee of the party to which matter for discipline are referable, and even so at first instance rather than due referrals in the nature of appeals by persons aggrieved by a duly constituted disciplinary action”, it said.
The lawyers also said, they had taken notice of information “That the party’s leader [Dr. Edward Mahama] individual unilateral attempt in the middle of the said meeting to suddenly and illegally alter the advertised and adopted agenda eventually saw the General Secretary, National Chairman and, reportedly, others leave the said meeting in protest.
That by the clear stipulate of article 67 (3) (c) of the PNC Constitution, it is the National Disciplinary Committee and not to the NEC that is empowered to determine a member’s guilt and issue an order of indefinite suspension”.
The lawyers said, the action by the NEC, was unconstitutional so far as the party‘s Constitution was concerned, because there was no complaint, be it verbal or written, let alone to the appropriate body. In the same vein, there was no charge required of Mr. Mohammed to answer.
There was also no response required of him or filed neither was there a hearing conducted.
The statement concluded that “the purported actions were/are not only ultra vires on two separate levels, but such an egregious as assault of the PNC Constitution, due process, good conscience and our clients rights that same cannot be given any regard whatsoever by our client. Be advised accordingly”.
Two weeks ago, the PNC suspended Atik Mohammed, for gross “misbehavior and misconduct”.
According to PNC’s Communications Director, Emmanuel Wilson, the decision was taken at the party’s extraordinary NEC meeting.
At the meeting, Mr. Mohammed, was accused of bringing the image of the party into disrepute. His accusers cited his repeated invectives on the 2016 Presidential Candidate, Dr Edward Mahama, at NEC meetings.
He was accused of discrediting Dr. Mahama in public after the flagbearer was appointed as an Ambassador-at-Large by President Akufo-Addo.
The seven-hour-long meeting was reportedly chaired by PNC National Chairman, Bernard Mornah and attended by all the party’s National Executives and regional representatives.
Also present were PNC’s 2016 Flagbearer, Dr Edward Mahama, 2016 Vice Presidential Candidate, Emmanuel Anyidoho, first Vice Chairman, Dr Woembegu, second Vice Chairman, Henry Asante and third Vice Chairman, Hajia Ajara.