Source: Myjoyonline.com
The Court of Appeal has thrown out an application filed by Rev. Victor Kusi Boateng, Secretary to the board of Trustees of the National Cathedral project.
The suit sought to restrain the Member of Parliament for North Tongu, Samuel Okudzeto Ablakwa from discussing him concerning the National Cathedral project.
Before Wednesday’s ruling, the founder and overseer of the Power Chapel International had lost two similar suits at the High Court.
According to the court, the grounds of appeal failed to comply with the rules of the Court of appeal.
It said, “the grounds are incompetent and inadmissible” and struck it out.
“The application was against the rules of the Court of Appeal that says the Appalent must clearly state where the judge erred.”
The court awarded the defendant, Samuel Okudzeto Ablakwa 3,000 cedis.
Haven failed on two previous occasions, this is the third attempt by Rev. Kusi Boateng also known in other quarters as Adu Gyamfi to restrain the MP.
His lawyers had furnished the court with additional grounds, hoping to turn the tide in their favour in a legal battle that has garnered public interest.
Court of Appeal dismisses objection to newly constituted panel
Before the Court of Appeal’s ruling on the substantive matter, it dismissed an objection raised by lawyers for Samuel Okudzeto Ablakwa over the constitution of the new panel.
According to the court, the objection was based on “speculative innuendo.” During sitting on Tuesday, June 25, Thaddeus Sory contended that the new panel is unconstitutional, and will undermine fair hearing.
Thaddeus Sory arggued that once the Chief Justice has constituted a panel, that panel must see to the particular matter for which it was constituted and not be reshuffled.
The lawyer further alleged in open court that the High Court judge who dismissed the contempt application by Rev. Kusi Boateng has since been transferred from Accra to Sunyani and then to Bolga.
He concluded by speculating that it could be because “the Plaintiff has an affinity with the person who constitutes the panel” who is a church member.
However, Kusi Boateng’s lawyer, Bobby Banson described the claims by Thaddeus Sory as false. Mr Banson argued that the allegations were based on hearsay and not grounded in law.
This assertion has subsequently been upheld by the court. The panel said the lawyers for the MP had no evidence to support their claims.
The court also described the allegations as unfounded, and dismissed the objection.
Background
The North Tongu MP, Samuel Okudzeto Ablakwa who had raised several issues of impropriety and infractions regarding the construction of the National Cathedral, accused Rev. Victor Kusi Boateng of engaging in conflict of interest as Secretary to the board of Trustees of the project.
In January 2023, he subsequently petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate him for conflict of interest and possession of multiple identities and other alleged criminal dealings.
The petition also alleged that there was a transfer of GH¢2.6million cash from the National Cathedral Secretariat to JNS Talent Centre Limited owned by Rev. Kusi-Boateng under his secondary identity, Kwabena Adu Gyamfi.
Mr Ablakwa’s petition is seeking to invoke the mandate of CHRAJ under Article 218 of the 1992 Constitution to investigate the “odious conflict of interest” with regard to Rev. Kusi Boateng’s position on the National Cathedral board as he “literally paid his own company a staggering GH¢2.6 million for no work done”.
Suits
Rev. Kusi Boateng subsequently filed a defamation suit against Mr Ablakwa and followed it up with a contempt application, accusing the legislator of refusing to be served with the defamation suit.
He applied for an order to enforce his human rights seeking to prevent the MP from further commenting on the subject.
In May 2023, the High Court in Accra dismissed the contempt application on the basis that it was flawed with inconsistencies, was irregular and failed to meet the threshold of the law.
After dismissing the contempt application, the court, presided over by Justice Charles Gyamfi Dankwa, slapped Rev. Kusi Boateng with a cost of GH¢10, 000 in favour of the MP.
