The Human Rights Division of the Accra High Court has dismissed an application by Rev. Victor Kusi Boateng, aka Kwabena Adu-Gyamfi, which sought to restrain the Member of Parliament for North Tongu, Samuel Okudzeto Ablakwa, from discussing him in relation to the National Cathedral project.
Rev. Boateng, aka Mr Gyamfi, filed the application under Article 33 of the 1992 Constitution seeking an enforcement of his fundamental human rights.
In a judgment yesterday, the court, presided over by Justice Barbara Tetteh-Charway, held that an application under Article 33 implied the enforcement of a human right of a person or entity with personal interest.
According to the court, the two distinctive identities – Rev. Victor Kusi Boateng and Kwabena Adu-Gyamfi, meant it was not clear which of the two identities sought the enforcement of human rights.
The court dismissed the contention of Rev. Boateng, aka Mr Adu-Gyamfi, that the two names referred to the same person, and held that how the two names had been deployed meant two completely separate identities.
Because of the lack of clarity of the person seeking the enforcement of human rights (that is whether Rev. Victor Kusi Boateng or Kwabena Adu-Gyamfi), the court dismissed the application for lack of capacity or locus standi.
Apart from dismissing the case, the court also slapped Rev. Boateng, aka Mr Adu-Gyamfi, with a cost of GH₵10, 000.
Mr Ablakwa has petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate Rev.Boateng, aka Mr Adu-Gyamfi, over an alleged conflict of interest, including possession of multiple identities and other alleged criminal dealings.
The MP alleged that there was a transfer of GH¢2.6 million from the National Cathedral Secretariat to JNS Talent Centre Limited owned by Rev. Boateng under a secondary identity – Kwabena Adu Gyamfi.
Mr Ablakwa said the petition was 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. 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”.
Rev. Kusi Boateng, who is also the founder of Power Chapel Worldwide, Mr Ablakwa said, was the same person as Kwabena Adu Gyamfi who received the GH¢2.6 million from the National Cathedral Board.
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 this year, an Accra High Court 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. Boateng with a cost of GH¢10, 000 in favour of the MP.