Ablakwa vrs Rev, Kusi Boateng: MP’s lawyers object to newly constituted panel on grounds of bias

Lawyers for the North Tongu Member of Parliament (MP) Samuel Okudzeto Ablakwa have objected to a newly constituted panel hearing a contempt case brought by Secretary to the Board of Trustees of the National Cathedral, Rev. Kusi Boateng.

The Court of Appeal was expected to deliver a ruling on a defamation suit filed by Reverend Kusi Boateng aimed at restraining the MP from discussing him in relation to the National Cathedral issue.

After two previous attempts, this is the third time Rev. Kusi Boateng also known in other quarters as Adu Gymfi is attempting to restrain the MP.

However when the panel sat, lead counsel for Samuel Okudzeto Ablakwa, Thaddeus Sory objected to what he describes as a newly constituted panel.

He contended that the new panel is unconstitutional, and will undermine fair hearing.

Thaddeus Sory, who was given ten minutes to support his objection with legal argument, further contended that the original panel that heard the case had Justice Dzemefe and one other judge, Justice Senyo, who were both missing from the current panel that sat on Tuesday, June 25.

Justice Dzemefe prior to the contempt case being called, had curiously sat on a different panel for a different case, and before that panel rose, assured that he will return for the next.

Therefore, when the new panel sat without him, Thaddeus Sory objected.

According to Thaddeus Sory, once the Chief Justice has constituted the panel, that panel has to see to the particular matter for which it was constituted and not be shuffled.

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.

 

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He then impugned that it could be because "the Plaintiff has an affinity with the person who constitutes the panel" who is a church member.

That claimed did not sit well with at least a panel member who quickly interjected and described Thaddeus Sory's allegation as "speculative innuendo".

Kusi Boateng's lawyer, Bobby Banson also described that particular claim by Thaddeus Sory as false. According to him, it was also based on hearsay and not grounded in law.

The panel after conferring set Wednesday June 26 to deliver ruling on the objection raised. The outcome of the ruling will determine whether the court will proceed to hear the application by Samuel Okudzeto Ablakwa who is asking the court to strike out the application by Rev. Kusi Boateng or the original panel will be reinstated.