Lawyers for Reverend Victor Kusi Boateng say the appeal against the ruling dismissing the application for committal for contempt of Mr Samuel Okudzeto Ablakwa has not been struck out or dismissed.
They said the substantive appeal was yet to be heard by the Court of Appeal.
The suit sought to restrain the member of Parliament for North Tongu, Samuel Okudzeto Ablakwa, from discussing him concerning the National Cathedral Project.
They said their attention had been brought to reports in mainstream and social media suggesting that the court of appeal had dismissed the appeal filed by Kusi Boateng against the ruling of the High Court on the May 2, 2023, dismissing the application, describing such reports as false.
The High Court dismissed an application for committal for contempt of the Respondent on May 2, 2023, and piqued by the ruling of the High Court, Rev. Kusi Boateng filed a Notice of Appeal on May 20 2023, against the said ruling, canvassing three grounds of appeal.
On April 17 2023, the Court of Appeal granted leave for Rev. Kusi Boateng to file additional ground of appeal.
On April 19, 2024, he filed an application for the Court of Appeal to extend the time within which the Appellant will be required to file written submissions in support of the appeal.
The proceedings said on April 30, 2024, Ablakwa filed an application to strike out the grounds of appeal contained in the Notice of Appeal filed on May 10, 2023.
The Court said both motions filed on April 19, 2024 and April 30, 2024, were scheduled to be heard on June 25, 2024.
When the motion filed on April 30 2024 was called for hearing, Mr Ablakwa through his lawyers, raised an objection to the constitution of three Court of Appeal judges.
The grounds are that he had read in the Daily Post newspaper that another Court of Appeal Judge was supposed to be presiding on the panel and that the absence of that Court of Appeal Judge on the panel was an indication of an attempt by the Chief Justice to constitute a panel which is biased against the Respondent.
The lawyers said Mr Ablakwa’s information was that the Chief Justice was a church member of Rev Kusi Boateng so, he was not convinced that he would be given a fair trial in the matter.
Lawyers for Rev. Kusi Boateng responded to the preliminary objection saying it was not grounded in law and that no facts and evidence had been adduced of the alleged bias against Mr Ablakwa.
The Court of Appeal, after hearing the preliminary objection, also listened to the application by Mr Ablakwa to strike out some of the grounds of appeal.
The Court of Appeal then adjourned the matter to June 26 2024.
On June 26, 2024, when the case was called, the Court of Appeal dismissed the preliminary objection raised to the constitution of the panel as without merit with no order as to cost and also granted the application by Ablakwa and struck out some of the grounds of appeal and awarded cost of Gh 3,000.00 in favour of Mr Ablakwa.
The Court also heard the argument for extension of time to file the written submissions in respect of the appeal and granted the said application by Rev. Kusi Boateng with no order as to cost.
It ordered that the Appellant filed his written submissions in support of the appeal within 7 days from June 26, 2024.
Lawyers for Rev Kusi Boateng said contrary to the publications and social media reports, there was no application filed at the Court of Appeal or any other court to restrain Mr Ablakwa from “discussing him (Rev. Kusi Boateng) concerning the National Cathedral project”.
They, therefore, asked the public to disregard any publication or reports, which did not reflect the record of proceedings.
