Supreme Court launches action against the National Cathedral

General News of Wednesday, January 23, 2019

Source: Starrfmonline.com

2019-01-23

The Supreme Court on Wednesday rejected a petition challenging the constitutionality of the government's facilitation of the construction of the National Cathedral.

James Kwabena Bomfeh, former youth organizer of the Convention People's Party (CPP), appeared in court in March 2017, seeking a constitutional interpretation of the role that the state should play in religious affairs through violence. Akufo-Addo administration to support the construction of the National Cathedral.

Mr. Bomfeh, popularly known as "Kabila" in Ghana's political circles, has asked the Supreme Court to prevent the government or its representatives from not participating in the construction of Ghana's National Cathedral, including the demolition of residences of the superior courts. "

He also wanted the Government to be prevented "from undertaking any civil engineering work for the construction of Ghana's National Cathedral, and / or taking any measure, measure or step preliminary or incidental to the construction of Ghana's National Cathedral. "

Mr. Bomfeh challenged the legality of the project by seeking a declaration based on the fundamental values, fundamental structures and nature of the 1992 Constitution, as well as a combined and contextual interpretation of the letter and the spirit of the Constitution, in particular Article 21 (b). (c), 35 (1) (5) (6) (a), (37) (1) and / or 56, it is unconstitutional for Ghana through its governing bodies, ministries, agencies, departments and / or representatives authorized to voluntarily badist, endorse, sponsor, support, offer preferential government promotion and / or be excessively entangled in a religion or religious practice. "

Mr. Bomfeh also wished to declare that the purpose of setting up a pilgrimage council by the government was to coordinate, support and / or help the Muslims of Ghana to embark on a religious pilgrimage to Mecca. [Hajj, one of the pillars of Islam] deliberately adds, approves, supports and / or offers preferential government promotion and / or excessive entanglement of Ghana with a religion or religious practice, and therefore unconstitutional.

The decision of the court

But in a unanimous decision, the formation of seven members of the Supreme Court presided over by Judge Sophia Adenyira rejected the request, explaining that the provisions of the Constitution, in particular Article 130, disputed by the plaintiff, were clear and without ambiguity.

The Committee further noted that the President had made the allocation of the land for the construction of the National Cathedral in accordance with the laws in force and the laws governing the public lands of the country. As such, the president had not broken any law.

The Court also noted that the badertion that the government had gone beyond the line drawn in 1992 with respect to the relationship that should exist between the government and religion is unfounded.

The Court said that she saw in the draft government building a national cathedral a fulfillment of the obligations imposed on the government by the Constitution with regard to the guiding principles of state policy .

In their opinion, the Court stated that the motion did not raise any legitimate question of constitutional interpretation and that the case was therefore closed.