Crime

Court dismisses businessman’s application to stop demolition of govt bungalows

The attempt by a businessman to stop ongoing demolition of government bungalows to make way for construction of a National Cathedral has hit a snag as the Supreme Court yesterday dismissed an injunction application. 

This is the second time the court has dismissed the application of Jonathan Holm, a private Ghanaian citizen, who is challenging the decision to pull down bungalows housing nine Court of Appeal Judges and judicial staff.

In 2019, the apex court threw out another application, which seeks to cite President Nana Akufo-Addo for contempt of court.

Ruling on the injunction, a seven-member panel of judges presided by  Justice Anin Yeboah held that article 2(2) of the 1992 Constitution had provided adequate remedies for such cases.

Mr Bright Akwetey, counsel for Holm, told the court that the defendants- the Attorney-General and the Lands Commission had violated the laws of compulsory acquisition.

In opposing the application for interlocutory injunction, the defendants urged the court not to entertain the application as it was incompetent, unmeritorious and an abuse of the process.

Consequently, the applicant has been asked to file memorandum of issues for the substantive case to be dealt with.

Mr Akwetey filed the application for interlocutory injunction on February 3, 2020, and joined JJ Gold Coast Project Management Limited, who is clearing the site for construction to begin to the application.

A copy of the writ, which was made available to the Ghanaian Times stated that On November 27, 2019, a seven-member panel of judges, presided by Justice Jones Dotse,  dismissed a contempt application against President Nana Addo Dankwa Akufo-Addo under whose order a non-denominational National Cathedral would be constructed in Accra.

The SC held that the President, while in office, was immune from all criminal prosecutions.

However, counsel for the plaintiff, Mr Akwetey, stated that until the apex court restrains the defendants, their agents, assigns and privies, the demolition, which began last year, during the legal vacation, may continue in flagrant disregard to the authority of the court.

He, therefore, prayed the court to grant an order to stop the defendants, including JJ Gold Coast Project Management Limited, who was clearing the site for construction to begin.


Mr Akwetey averred in his statement of case that when a suit is pending before a court, the parties must display utmost good faith in the capabilities of the court to do justice without fear or favour, affection or ill-will.

But the objective of the demolition exercise, according to counsel, was clearly and unambiguously to over-reach the plaintiff. 

He said the conduct of the defendants to engage JJ Gold Coast Management Limited to clear the land in dispute, while the case is pending was disrespectful to the rule of law and the authority of the court.

Mr Akwetey stated that the issue as to whether the Osu Stool should be given the first option to re-acquire the land in consonance with Article 20(6) of the 1992 Constitution or whether the Constitution should be flouted to allow the President to realise his personal ambition in gratitude to God, for making him a President, was a significant issue to be determined in law, for the peaceful and orderly development of the country.

He contended that the Osu Stool stands to lose immeasurably if the application was not granted, and that the interest of the Osu Stool as guaranteed under Article 20(6) of the Constitution, deserves protection from the court.

BY MALIK SULLEMANA 

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