The appeal by Kwabena Adu Gyamfi, also known as Rev. Victor Kusi Boateng, to overturn the High Court’s decision to dismiss a contempt action against Samuel Okudzeto Ablakwa was dismissed by the Court of Appeal.
A cost of GHc3,000 has also been awarded by the Court to the National Cathedral Board of Trustees against the Secretary for the unsuccessful attempt.
The three-member panel, led by Judicial Secretary Justice Cynthia Pamela A. Koranteng, stated that the grounds of appeal did not adhere to the necessary requirements of the Court.
The panel, which also included Justices Kweku Tawiah Ackaah-Boafo and Afia Serwah Asare-Botwe, determined that the grounds for appeal in the case were not under the appeals rules.
The grounds of appeal, according to the panel, were “incompetent and strike out.”
The panel before ruling on Mr. Ablakwa’s application overruled an objection against the panel and allegations against the Chief Justice on the panel.
The court stated that the allegations of bias against the panel and the Chief Justice’s powers to constitute a panel were not supported by evidence.
The ruling on the objection, read by Justice Kweku Tawiah Ackaah-Boafo, indicated that a reasonably informed observer would form the opinion that there was no real likelihood of bias against the applicant.
“No acceptable evidence has been brought to support the allegations of bias against the Chief Justice when choosing the panel,” the ruling stated.
The panel, chaired by Judicial Secretary Justice Cynthia Pamela A. Koranteng, declared that the panel constituted by the Chief Justice was “properly constituted and in compliance with the law.”
The objection was subsequently dismissed by the panel, which also included Justice Afia Serwah Asare Botwe.