James Kwabena Bomfeh Jnr
The Supreme Court has adjourned sine die (without a specified date) the case brought against the government by James Kwabena Bomfeh Jnr, director of elections for the Convention People’s Party (CPP), over the construction of a national cathedral.
The seven-member panel of judges presided over by Justice William Atuguba, said the panel was not the one to hear the suit initiated by Bomfeh aka Kabilla.
He said a new panel should be put in place to hear the case and Justice Atuguba accordingly adjourned the case sine die.
The Attorney General (AG) was represented by Ms Grace Oppong, a principal state attorney, while one Aziz Bamba appeared for Kabilla.
Kabilla sued the president through the Attorney General, invoking the original jurisdiction of the court to declare that it is wrong for organs of state to be excessively entangled in any religion or religious practice.
President Akufo-Addo a few months ago, cut the sod for the construction of the cathedral at the premises of the Scholarship Secretariat, near the State House in Accra. It is expected to serve as the venue for formal functions of state and interdenominational worship.
Nana Addo is reported to have said that the building “is a gesture of thanksgiving to the Almighty for the blessings He has showered and continues to shower on our nation.” It is a legacy project in commemoration of Ghana’s 60th independence anniversary.
Prior to the sod cutting, Nana Akufo-Addo had also appointed Sheik I.C. Quaye, a former Greater Accra Regional Minister, as head of an 11-member Hajj Board to oversee the organization of the annual Muslim pilgrimage to Saudi Arabia.
But Kabilla, who is also the spokesperson for Ivor Kobina Greenstreet, CPP presidential hopeful in the 2016 elections, is challenging the legality of the project.
Lawyers of Kabila, led by Abdul Baasit Aziz Bamba – who claims he is bringing the action in his capacity as a citizen of the country – wants the apex court to declare that the government cannot embark on the project.
“A declaration that by the core values, basic structures and the nature of the 1992 Constitution and upon a combined and contextual interpretation of the letter and spirit of the Constitution, particularly Articles 21(b)(c),35(1)(5)(6)(a), 37)(1) and or 56, it is unconstitutional for Ghana through its organs of government, ministries, agencies, departments and/or authorized representatives, to purposely aid, endorse, sponsor, support, offer preferential governmental promotion of, and/or be excessively entangled in any religion or religious practice,” the writ indicated.
Mr Kwabena Bomfeh, CPP former National Youth Organiser, also seeks a declaration that the setting up of a Hajj Board by the government for the purposes of coordinating, supporting and/or aiding Ghanaian Muslims to embark on a religious pilgrimage to Mecca [hajj) – one of the pillars of the religion (Islam] – amounts to purposely adding, endorsing, supporting and/or offering preferential governmental promotion of, and/or excessive entanglement of Ghana with a religion or religious practice and thus unconstitutional.
Aside any further reliefs, Kabila also wants the Supreme Court to declare that the decision by the government to purposely endorse, assist, partly sponsor and/or the construction of a national cathedral near the State House of Ghana for Christian interdenominational church services amounts to an excessive entanglement of the country and religion, which is unconstitutional.
By Jeffrey De-Graft Johnson