THE RIGHT REV KOW BOSOMEFI EGYIR v THE REGISTERED TRUSTEES OF METHODIST CHURCH, GHANA

I find it legitimate to begin this judgment with the introductory remarks of the FIRST PRESIDENT OF THE CONFERENCE OF THE METHODIST CHURCH, GHANA, Most Reverend F. C. F. Grant, when he stated in paragraphs 1 and 2 at page 5 of the Constitution and Standing Order of the Methodist Church of Ghana, thus:

“This is a book for every member of the Church, it is a necessary handbook for the new member and the old alike. It sets down the regulations that should guide each member in his personal life as a Christian and those that should direct the corporate life of the Church. It is not intended for hurried reading, but for careful and prayerful study. It will be necessary to consult it when cases of constitutional difficulties arise.

The Gospel is the life of the Church, not law; yet in order that the Church’s task of evangelization and pastoral care may be fulfilled there must be accepted rules whereby its life may be kept in health and its corporate mind may be expressed for the guidance of its members. The rules, however, must be applied in the spirit of the Gospel and in accordance with the teaching and example of our Lord and his Apostles.”

On 24-03-2010, the plaintiff herein, The Right Rev. Kow Bosomefi Egyir, who was then the Administrative Bishop of the Methodist Church Ghana, issued a writ against the Registered Trustees of the Methodist Church Ghana for the following reliefs:

“(a) A declaration that the procedure adopted and decision arrived at by the Disciplinary Council of the Methodist Church Ghana to recommend to the Conference of the Church through Synod and the General Purposes Council of the Church, in their Ministerial Session, the expulsion of the plaintiff from the Ministry of the Church are in breach of the Constitution and Standing Orders of the Church and unlawful.

(b) A declaration that the procedure adopted and the decision arrived at by the Disciplinary Council of the Methodist Church Ghana, to recommend to the Conference of the Church through Synod and the General Purposes Council of the Church, in their Ministerial Session, the expulsion of the plaintiff from the Ministry of the Church are in breach of the rules of natural justice.

(c) A declaration that the procedure adopted and the decision arrived at by the Disciplinary Council of the Methodist Church Ghana, to recommend to the Conference of the Church through Synod and the General Purposes C