High Court dismisses Rev Kusi Boateng's application against Ablakwa
Rev Kusi Boateng was seeking the enforcement of his fundamental human rights under Article 33 (1) of the 1992 Constitution.
The High Court (Human Rights Division) has dismissed the application by the Executive Council member of the National Cathedral Board, Rev Kusi Boateng, where he sought to restrain the MP for North Tongu, Samuel Okudzeto Ablakwa, from making critical publications about him.
The issues stemmed from a number of allegations (from conflict of interest, corruption, and possession of multiple identities) made by Mr. Ablakwa against the applicant concerning some aspects of the financing of the National Cathedral project.
Rev Kusi Boateng was thus seeking the enforcement of his fundamental human rights under Article 33 (1) of the 1992 Constitution.
But in its ruling on Thursday, the court held that the manner in which the two identities - Victor Kusi Boateng and Kwabena Adu-Gyamfi were used suggests two independent and totally separate identities and that there was a clear case of double identity.
In view of that, the court said it was unclear which of the two separate identities sought to enforce its fundamental human rights by suit, and thus dismissed the application for lack of capacity or locus standi.
The court also dismissed the contention of the Applicant that the two names referred to the same person.
In addition, it awarded cost of GHC10,000 against the applicant.
