Thirteen members of the Judicial Service Staff Association of Ghana (JUSAG) have dragged executives of the group to a Fast Track High Court in Accra, over alleged misappropriation of funds.
They are praying the court for an order of forensic auditing of JUSAG’s account from 2008 to 2011 and to restrain the executives perpetually from holding themselves as national executive members or as individuals with any executive positions in the association.
The 13 members also asked the court, presided over by Mr Justice K.A. Ofori-Atta, to stop: “their agents, privies, assigns from further dealing in any manner with the assets of JUSAG.”
Mr Martin Kpebu, counsel for the plaintiffs, noted that the defendant’s lawyer has filed a motion to join other members who supposedly asked the defendants to stay in office.
He, therefore, could not move a motion for a preservation order and interlocutory injunction to restrain the defendants.
In their affidavit in support of the application, the plaintiffs said some of the main provisions of JUSAG were that its national executives have three year tenure of office and elections were held thereafter.
The plaintiffs said the defendants, who had their tenure of office ended in September 2, 2011, were still in power.
They said the executives had continued in office as chairmen and members of the regional advisory councils, and allegedly passed a resolution to extend their tenure of office on the grounds there were no funds to organise triennial national delegates conference.
The plaintiffs contended that the constitution of JUSAG did not make provisions for the purported extension of tenure of office.
They said the defendants had also increased dues paid by members without prior approval of the national delegates conference, and paid allowances to themselves.
Therefore, about 167 members of JUSAG including the plaintiffs petitioned the Chief Justice, Mrs Georgina Theodora Wood, who set up a committee, which meet in November last year.
At the meeting, plaintiffs said the defendants presented an audited account covering 2008 – 2011, which was rejected and they (plaintiffs) called for a forensic audit of the accounts.
They said at their second meeting, the defendants failed to appear before the committee and could not reach an amicable settlement.
The committee issued a report, which was sent to the Chief Justice.
The plaintiffs said JUSAG’s constitution did not have a dispute settlement mechanism.
They contended that defendants were still withdrawing money from JUSAG’s coffers including its accounts with the Ghana Commercial Bank, High Street branch, and continued to use the associations properties such as cars and offices.
The plaintiffs noted that it was only a court action that could compel the defendants to halt their operations.
They are, therefore, seeking a declaration that the defendants continuous stay in office is in breach of JUSAG’s constitution, and that all deeds, appointments and other acts of the defendants done in the name of JUSAG after September 3, 2011, were null and void, and damages for breach of the constitution of JUSAG.
The plaintiffs are: Atsu Kornyoh, Elizabeth Ayim, Michael Frimpong, Roger Ansah Yirenkyi, Jonathan Ocran Tetteh, Daniel Mends, Shaibu Issaka, and Samuel Dinsey.
The rest are Samuel Afotey Otoo, Francis Arthur, John Amanquah, Joseph Ponte-Kwofie and Daniel Boakye Afari.
The defendants are Adia Abdul Latiff, Francis Oscar Asmah, Felix Eddie Quansah, Fred Agbeyaka, Daniel Doh and Linda Banahene.
The court adjourned the matter to February 7. GNA