2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The defendant, leader of the plaintiff church, faced allegations of sexual misconduct. Following an investigation, he was removed from office. The trial court ruled in favor of the plaintiff church, and the Court of Appeal upheld this decision. The defendant then appealed to the Supreme Court, which dismissed the appeal, holding that the plaintiff had the capacity to bring the action, the defendant could be removed despite holding the office for life, the rules of natural justice were adhered to, and the plaintiff complied with internal dispute resolution mechanisms.
ATUGUBA, J.S.C: FACTS:
The Defendant/ Appellant/Appellant (hereinafter called the 'defendant') is the leader (Akaboha) and the head of the Plaintiff/Respondent/Respondent (hereinafter called the 'plaintiff-Church). In 2002, Bold and Beautiful (a periodical) published an article alleging that the defendant had drugged and raped a JSS girl. Scandalized by this, the executive council of the plaintiff church met and urged the defendant to institute a libel action against the publishers of the periodical. The defendant however only pleaded that the plaintiff church should rather 'appeal ' to the publishers to stop further similar publications. The executive council then set an investigative committee to delve into the allegation. The investigative committee found that the defendant had indeed committed the act he had been accused of and had also committed other sexual misconduct contrary to the Church's constitution and Bible. The defendant's reaction was that he was reserving his comment but would undertake a 21-day fast with prayers for the forgiveness of sins and would compensate his sex victims. He was suspended and later the plaintiff church's I'Odomey conference (the general annual assembly of the plaintiff church which according to the constitution of the church is the governing body of the Church), reached a consensus to remove him from office. Whilst trying to formulate its consensus, some family members of the defendant invaded and disrupted the conference. The defendant was later formally removed but some of his family members challenged the said removal claiming that the Akaboha or head holds the office for life and cannot be removed.
Trial Court
The plaintiff church brought an action against the defendant in the High Court claiming the following:
a. A declaration that the defendant, Prophet Miritaiah Jonah Jehu-Appiah, the Akaboha III or Leader and General Head Prophet of the Musama Disco Christo Church, based at Mozano, Gomoa Eshiem, has been lawfully and permanently removed from the post or office of Akaboha or Leader and General Head Prophet of the said Church as from Friday 14 February 2003.
b. A consequential declaration that the defendant has been ipso facto removed or deposed from all ancillary post or offices, religious or secular, affiliated to or associated with the said Church.
c. A further consequential order upon the Defendant forthwith to vacate and quit his present official accommodation at Mozano, near Gomoa Eshiem, along with