The Court of Appeal has dismissed an application filed by Rev. Victor Kusi Boateng, Secretary to the Board of Trustees of the National Cathedral project, seeking to restrain Member of Parliament for North Tongu, Samuel Okudzeto Ablakwa, from discussing him in relation to the National Cathedral project.
This decision marks Rev. Kusi Boateng’s third unsuccessful attempt to secure a legal injunction against Ablakwa. The Court of Appeal found that the grounds of his appeal were non-compliant with the court’s rules, declaring them “incompetent and inadmissible.” The court further noted, “The application was against the rules of the Court of Appeal that says the appellant must clearly state where the judge erred.”
In addition to dismissing the application, the court awarded Samuel Okudzeto Ablakwa 3,000 cedis in costs.
Prior to this ruling, Rev. Kusi Boateng, who is also known as Adu Gyamfi in some quarters, had lost two similar suits at the High Court. His legal team had presented additional grounds in this appeal, hoping to reverse the previous decisions. However, the Court of Appeal upheld the previous judgments.
Before addressing the substantive matter, the Court of Appeal dismissed an objection raised by Ablakwa’s lawyers concerning the constitution of the new panel. Ablakwa’s lawyer, Thaddeus Sory, argued that the new panel was unconstitutional and would undermine a fair hearing, alleging that the reshuffling of the panel was influenced by the plaintiff’s connections. These claims were described by the court as speculative and unfounded.
Bobby Banson, representing Rev. Kusi Boateng, refuted Sory’s allegations, asserting that they were based on hearsay and not legally substantiated. The court supported Banson’s stance, dismissing the objection and proceeding with the substantive case.
Samuel Okudzeto Ablakwa has been vocal about alleged improprieties and infractions related to the National Cathedral project, accusing Rev. 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 Kusi Boateng for conflict of interest, multiple identities, and other alleged criminal activities.
Ablakwa’s petition highlighted a transfer of GH¢2.6 million from the National Cathedral Secretariat to JNS Talent Centre Limited, a company allegedly owned by Rev. Kusi Boateng under his secondary identity, Kwabena Adu Gyamfi. The petition seeks to invoke CHRAJ’s mandate to investigate what Ablakwa describes as an “odious conflict of interest.”
In response, Rev. Kusi Boateng filed a defamation suit against Ablakwa and applied for a contempt order, accusing the MP of evading service of the defamation suit and seeking to prevent him from further commenting on the issue. In May 2023, the High Court in Accra dismissed the contempt application, describing it as inconsistent and irregular, and imposed a cost of GH¢10,000 on Rev. Kusi Boateng in favor of Ablakwa.
With the Court of Appeal’s recent dismissal of his application, Rev. Kusi Boateng faces another legal setback in his ongoing battle with Samuel Okudzeto Ablakwa over the National Cathedral project.