General News of Friday, 14 July 2023

Source: www.ghanaweb.com

Victor Kusi Boateng and Kwabena Adu Gyamfi are different personalities - Court rules

Rev. Kusi Boateng and Samuel Okudzeto Ablakwa play videoRev. Kusi Boateng and Samuel Okudzeto Ablakwa

An Accra High Court has ruled that Rev. Victor Kusi Boateng is operating as an entirely different personality in the person of Kwabena Adu Gyamfi.

The Secretary and Board of Trustee member of the National Cathedral project was dealt a second blow in his ongoing court battles with North Tongu MP, Samuel Okudzeto Ablakwa.

The second loss related to a restraining order that he had sought over continued publications of his details and other documentation by the lawmaker who is alleging criminality on his part relative to his work with the Cathedral project.

Ablakwa on July 13 published portions of the summary of the court's ruling declaring it "legal victory to the masses who have kept me resolute with their prayers and support for transparent and accountable governance."

On the issue of the dual identity by the clergyman, the summary read: "It has been proven that Kwabena Adu Gyamfi and Victor Kusi Boateng are two separate identities concurrently used by the Applicant and 1st Respondent is justified in his claims that, Victor Kusi Boateng is not an alias but another separate identity altogether.

"The way the two identities were used does not suggest a simple case of two different names, but rather two independent and totally separate identities to conceal applicant’s dealings in a manner that was not obvious, until the investigations and publications of 1st Respondent.

"Applicant’s assertion that the use of two names in the manner he has done is not a crime under our laws is misconceived, as the two identities were used in a pattern of duplicity depicting a lack of transparency and this conduct borders on criminality."



Read Ablakwa's full post below:

The Human Rights Court has today dismissed Rev. Victor Kusi Boateng/Kwabena Adu Gyamfi’s application which sought to restrain me.

The court’s judgment was emphatic that my parliamentary oversight had unraveled two distinct identities in conduct which borders on criminality and therefore the application was dismissed for lack of capacity and locus standi.

The judge awarded cost of GHS10,000.00 against Rev. Victor Kusi Boateng/Kwabena Adu Gyamfi. This is the second time cost has been awarded against Kusi Boateng/Adu Gyamfi.

I dedicate this latest legal victory to the masses who have kept me resolute with their prayers and support for transparent and accountable governance.

I am indebted to my outstanding legal team.
2 down; 1 more to go in his defamation suit.
For God and Country.
Ghana First ????????

Summary of Judgment

It has been proven that Kwabena Adu Gyamfi and Victor Kusi Boateng are two separate identities concurrently used by the Applicant and 1st Respondent is justified in his claims that, Victor Kusi Boateng is not an alias but another separate identity altogether.

The way the two identities were used does not suggest a simple case of two different names, but rather two independent and totally separate identities to conceal applicant’s dealings in a manner that was not obvious, until the investigations and publications of 1st Respondent.

Applicant’s assertion that the use of two names in the manner he has done is not a crime under our laws is misconceived, as the two identities were used in a pattern of duplicity depicting a lack of transparency and this conduct borders on criminality.

The Application was sought to be enforced under Article 33(1) of the 1992 Constitution, which requires an Applicant’s personal interest in the matter to confer locus standi.

From the record, it is not clear which of the two separate identities seeks to enforce its fundamental human rights by this suit. And once there is a clear case of double identity presented and proven before this court, this Application is dismissed for lack of capacity and locus standi.

Costs of GHC10,000 awarded against the Applicant in favour of the 1st Respondent.

SARA

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