The Supreme Court yesterday dismissed an attempt
aimed at stopping the preparatory works on the site for the construction of the
5,000-seat multi-purpose National Cathedral.
The dismissal of the application for
interlocutory injunction in essence has given the government the go-ahead to
prepare the land for the main project which is expected to begin next month.
The application was filed by businessman
Jonathan Holm and was seeking to halt works on the land pending the
determination of a suit he filed against the government for using the land
demarcated for the project when he said the substantive case was pending before
the court.
It was his case that the government is not
using the land for its intended purpose and the construction of the cathedral
is not in the public interest.
Arguments
Moving the application, Bright Akwetey, counsel
for Mr. Holm, argued that the law of compulsory acquisition was being violated
through the construction of the cathedral on the land which used to house
judges, and urged the court to prevent further works from going on.
He added that the government was breaching
portions of the constitution by choosing that particular land for the project
which he said was not in the public interest.
He also urged the court to stop the work so as
to save the country money in case the court rules in their favour in the
substantive matter.
Opposition
Dorothy Afriyie Ansah, a Chief State Attorney,
opposed the application describing it as ‘unmeritorious and frivolous.’
She said the land was acquired and paid for by
the government and it is being used for the public interest, adding that the
applicant has no interest in the land which is the subject matter of the
application.
Quoting Article 2 Clause 2 of the 1992 Constitution,
she added that the applicant does not suffer any damage if the construction
begins but rather the government stands to lose money as it has already signed
a contract for the construction of the cathedral.
Ruling
The court, presided over by the Chief Justice,
Justice Kwasi Anin-Yeboah, and assisted by justices Jones Dotse, Paul
Baffoe-Bonnie, Sule Gbadegbe, Samuel Marful-Sau, Agnes Dordzie and Nene
Amegatcher, said Article 2 Clause 2 of the 1992 Constitution provides for
adequate remedies in case the action of the government is found to be
unconstitutional.
They added that in order not to prejudice the
substantive case they would refrain from touching on legal issues, and
subsequently dismissed the application.
Cathedral
The National Cathedral is an initiative of
President Akufo-Addo and it forms part of the legacy projects of the country’s
60th Independence Anniversary Committee.
The national worship centre when completed
would be an interdenominational church hosting state occasions such as state
services, funerals, as well as private activities.
The project is expected to cost an estimated $100 million and government said it would commit between GH¢10 million and GH¢20 million into the project.
BY Gibril Abdul Razak