Koforidua High Court 2 has ordered the Koforidua branch of the Progressive Transport Owners’ Association- Ghana (Peace PROTOA) to appoint an Interim Management Committee (IMC) members for the next six months period pending an election when substantive executive members shall be elected.
The appointment was effected after the court presided over by His Lordship Justice George Krofa Addae on the 28th June, 2024 annulled the tenure of office of the current chairman Mr. Yaw Adogo as unconstitutional.
Following the order of the court in pursuant to Article 13(C) of the Unions Constitution, members of the Peace Protoa with immediate effect on 28th June, 2024 voted by secret ballot and elected the following Interim Executives of the Peace Protoa.
Joshua Kofi Sogah as Chairman, Samuel Appiah as Vice Chairman, Emmanuel O. Ankamah as Secretary, Hajaratu Issah as Treasurer and Amidu Abubakar as Chief Driver constituting the Interim Executives of the Peace Protoa for the period of June to December 2024.
Excerpts of the court ruling reads “To the last issue i.e whether or not the last election held by the Peace PROTOA , Koforidua was in 2014 to elect their Executives and whether or not a fresh election of the Peace PROTOA Executives became due in 2018”
“This issue is one of the issues that was not controverted at all, it was admitted by all the parties both in their evidence in Chief and in their cross examination that the Plaintiff (Yaw Adogo) was elected as the Chairman of the Peace PROTOA in 2014”
“Gleaning from the above discussion it can be argued that if elections are held in every fourth year and the last election which was held was in 2014, then the 2018 , a new election became due”.
” Article 12 of the Peace PROTOA constitution provides as follows;
“The Executives of the branch shall be selected at an annual general meeting organized for that purpose, Article 13 (a) provides as follows, All elected officers shall hold office for a term of not exceeding 4 years”
“Out-going officers shall be eligible for re-election for another 4 years only”
“In the event of a position falling vacant as a result of resignation, removal from office or death before the term of office of sitting Executives expires there shall be a Bye- Election to fill the position”.
” On the other hand the 2nd Defendant (Joshua Kofi Sogah) was able to lead credible evidence to establish their counterclaims against the Plaintiff ( Yaw Adogo)”
” The court hereby makes a declaration that having regard to the constitution/ Bye- Law of the Progressive Transport Owners’ Association which document is the constitutive document of the Peace PROTOA, Koforidua, fresh elections have been long overdue since 2018″
“By an Order of this court all members of the Peace PROTOA, Koforidua are to hold elections forthwith with the following guidelines Per Article 12 of the Constitution which is headed Election to elect executives” the judge ordered.
Source:Mybrytfmonline.com/Ansah Stephen
