Abraham Kwaku Adusei, a former Council of State Member, together with three others, have been cited for contempt at the apex court of the land.
An affidavit deposed to by Elder Peter Kwabena Adjei, of Akim Osiem, in the Eastern Region, says Messrs Abraham Kwaku Adusei, Jacob Asirifi Senior, Enoch Ofori and Daniel Mensah, being the respondents in the contempt suit, have conducted themselves contemptuously by taking steps to overreach the court.
The four are alleged to have caused changes to the signages, symbols and name of the Saviour Church from its properties, to outsmart the enforcement of orders of the Supreme Court, “with intent to misappropriate the said properties and render the orders of this court nugatory.”
A date is yet to be set for the hearing, causing discomfort for the applicant, since it may be too late to halt their actions by the time the case is called.
The Supreme Court, in 2022, overturned an earlier decision that confirmed Opanyin Abraham Kwaku Adusei, as the leader of the Saviour Church at Osiem, in the Eastern Region.
This was in a four-three majority decision by a seven-member panel of the apex court.
It followed an appeal filed by the plaintiffs, Mr Asante Asirifi Dadeako and two others, who sought to restrain Opanyin Abraham from using the name of the church to do spiritual and religious activities.
The Apex Court, in November 2021, in a three-two majority decision by a five-member panel, confirmed the former Council of State member under the erstwhile Mahama administration as the leader of the church.
The judgement followed 24 years of litigation after the death of Isaac Asirifi Asante, when some members initiated legal action to restrain Opanyin Adusei, as the General Superintendent, and from using the name of the church to do spiritual and religious activities.
The plaintiffs alleged the church was incorporated in 2007 as a limited liability company, saying they alone had the legal right to operate with the church’s name.
They added that Opanyin Adusei had exceeded his legal mandate and had been using the name of the church wrongly.
In view of this, the panel, presided over by His Lordship, Justice Dotse, ruled that Opanyin Abraham had no right to any branch or property of Saviour Church, hence cannot take custody of its own branches.
The court ordered that the application for review having succeeded the net effect is that the concurrent judgements of the High Court and Court of Appeal which upheld the applicant’s claims in the name of Saviour Church of Ghana and dismissed the respondent’s counterclaim are hereby restored.
The judgement of the ordinary bench of this court dated 24th November 2021 and the consequential orders emanating therefrom, are hereby set aside.
The applicants, being a legal entity, duly incorporated under the laws of the Republic of Ghana is entitled to operate, in accordance with its regulations or constitution and shall, in consequence, be entitled to acquire, keep or recover any properties belonging to them in the possession of the respondents or any other person.
Other members of the panel included Justice Gabriel Pwamang, Justice Avril Lovelace-Johnson, Justice Clemence Jackson Honyenuga and Justice Issifu Omoro Tanko Amadu.
The rest are Justice Prof. Henrietta Mensah-Bonsu and Justice Yonny Kulendi.
