Court of Appeal throws out Kusi Boateng’s application against Ablakwa
The Court of Appeal has rejected an application filed by Rev. Victor Kusi Boateng, Secretary to the Board of Trustees for the National Cathedral project that sought to prevent Samuel Okudzeto Ablakwa, the Member of Parliament for North Tongu, from discussing Rev. Boateng in connection with the National Cathedral project.
The ruling which was made on Wednesday, June 26, 2024 marked Rev. Boateng’s third successive failed attempt to secure a legal restraint against the Mr Ablakwa , having previously lost two similar suits at the High Court.
In its ruling, The Court of Appeal stated that Rev. Boateng’s appeal did not comply with its rules, describing them as “incompetent and inadmissible.” The court further noted that the appeal failed to clearly state where the judge had erred.As a result, the court awarded costs of 3,000 cedis to Samuel Okudzeto Ablakwa.
Rev. Boateng, also known as Adu Gyamfi, had hoped to turn the tide with additional grounds furnished by his lawyers, but failed.
Before ruling on the substantive matter, the Court of Appeal dismissed an objection raised by Ablakwa’s lawyers regarding the constitution of the new panel. The objection was based on what the court termed “speculative innuendo.”
Thaddeus Sory, representing the member of parliament Mr Okudzato Ablakwa, had argued that the new panel was unconstitutional and would undermine a fair hearing. He contended further that a panel constituted by the Chief Justice should not be reshuffled.
Thaddeu Sory also alleged that the High Court judge who dismissed Rev. Boateng’s contempt application had been transferred multiple times, suggesting potential bias however, Rev. Boateng’s lawyer, Bobby Banson, refuted these claims as false and unsubstantiated. The Court of Appeal upheld this view, dismissing the objection for lack of evidence.
Samuel Okudzeto Ablakwa has been vocal about issues of impropriety and infractions related to the National Cathedral’s construction. He accused Rev. Victor Kusi Boateng of conflict of interest in his role as Secretary to the board of Trustees. In January 2023, Ablakwa petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate Rev. Boateng for conflict of interest, possession of multiple identities, and other alleged criminal activities. The petition also highlighted a transfer of GH¢2.6 million from the National Cathedral Secretariat to JNS Talent Centre Limited, a company owned by Rev. Boateng under his secondary identity, Kwabena Adu Gyamfi.
Rev. Boateng subsequently filed a defamation suit against Ablakwa and a contempt application, accusing the MP of refusing to be served with the defamation suit. In May 2023, the High Court dismissed the contempt application, citing inconsistencies and irregularities. The court, presided over by Justice Charles Gyamfi Dankwa, ordered Rev. Boateng to pay 10,000 cedis in costs to Ablakwa.
Rev. Boateng’s legal attempts to restrain Ablakwa from discussing his involvement in the National Cathedral project have so far been unsuccessful.
