The Court of Appeal has struck out an application by Rev. Kusi Boateng praying to the court to overturn a High Court decision that dismissed his contempt application against MP for North Tongu Samuel Okudzeto Ablakwa when he accused the legislator of refusing to be served with a defamation suit.

This is the third attempt by the Secretary to the board of Trustees of the National Cathedral project Rev. Kusi Boateng, also known as Adu Gyamfi to get a favourable outcome from the court.

Delivering the ruling Wednesday morning, the panel of three Judges contended that, the application by Rev. Kusi Boateng did not comply with the rules of the court.

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 respondent, Samuel Okudzeto Ablakwa 3,000 cedis.

Despite Wednesday's ruling that struck out Rev. Kusi Boateng's "incompetent" contempt application, the court of Appeal has granted leave to Rev. Kusi Boateng and his lawyers to within 7 days, file their written submissions for a final determination on the matter.

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 argued 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 a 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.