USAMA CHURCH (MDCC) GO-AHEAD …
Another attempt by supporters of the dismissed Akaboha III, Prophet Miritaiah Jonah Jehu-Appiah to once again block Musama Disco Christo Church (MDCC) from celebrating the annual Peace Festival this year, was last Thursday torn to shreds when a Cape Coast High Court quashed an injunction placed on God’s own festival.
How else some human beings, with traces of wickedness in the fibre of their being, could dream as far as going to Court to block the Lord’s PEACE FESTIVAL, is a subject for JUDGMENT DAY, when God Almighty sits on His throne to judge humanity.
But the quashing of the injunction was greeted across the length and breath of Ghana and abroad with pomp and pageantry, when the message was quickly relayed from Cape Coast to the large congregation who had already arrived at Mosano, and some others who had anxiously gathered for the outcome of the case.
ASP Tetteh Kubie of Agona Bobikuma in the Gomoa District of the Central region, with a massive support from a section of peeved members on August 2, succeeded in placing an injunction on the MDCC and its leaders from observing the Peace festival.
It all started when ASP Kubie prayed the Cape Coast District Magistrates’ Court to restrain the Church from celebrating this year’s Peace Festival because, a group of disgruntled people in the Church had threatened to disrupt the this year’s Peace Festival beginning August 24 to September 2,.
ASP Kubie in his statement of claim stated that, the Peace Festival has not been celebrated in the past four years since the former leader of the Church, Prophet Akaboha III was removed from office for allegedly sexually assaulting several members of the Chu rch because, the matter was still pending before an Agona Swedru High Court. He added that a section of the congregation had threatened to disrupt the Peace Festival because the constitution of the Church does not permit or mandate anybody to organize the Peace Festival, apart from the Akaboha. According to the Police officer, a new Akaboha has not been installed after the High Court agreed with the removal of the Akaboha III, as the spiritual head of the MDCC.
He also added that there was tension among members of the MDCC (Army of The Cross Church) and especially at the Mosano township and therefore prayed the Court to place an injunction on the Peace Festival. His expectation was met when the District Magistrate Court then hearing the case, placed an injunction on the festival. Interestingly the DISMISSED Akaboha and his supporters who on August 23, 2006, succeeded in obtaining an injunction against the Church when the Peace Festival had kicked-started, could not be that lucky this time around when a Cape Coast High Court presided over by Justice E.Ginae, by way of certiorari, quashed an injunction placed on the Church.
“Counsels for both parties have made their various submissions to the court. On the point of lack of jurisdiction made by counsel for the applicants, (Charles Kwesi Bentum and Kofi Frimpong Manso) and the counsel for the interested party (Rexford Wiredu) has been able to debunk that one, when he referred to a section in the Courts Act. In fact I agree with the counsel for the interested party in that respect that even though the place called Mosano is not in the Cape Coast municipality, the District Magistrate did not err when he dealt with the matter which was brought before him,” Justice Ginae observed when quashing the injunction.
“After listening to the motion ex-parte moved by the interested party (ASP Kubie), to make the applicant enter into a bond, the trial Magistrate however went ahead to make restraining orders which cannot be made under section 22(1) of Act 30 /60.,” he stated.
“It is a criminal matter and to my mind the Magistrate made the orders as if he was making same in an application for injunction. Even though the Magistrate has jurisdiction to hear the case, I think he did not have the powers to make the orders which the law does not allow him to make,” the Judge pointed out.
According to Justice Ginae, the District Court Magistrate went outside the powers conferred on him under section 22 of the Criminal Procedure code when he made the orders.
“The orders he made therefore cannot be allowed to stay. Same are therefore brought up to be quashed and they are hereby quashed accordingly. And so to the glory of God Almighty, the law Court has, in consultation with God Almighty, and acting in concert with the normal dictates of commonsense, allowed this year’s PEACE FESTIVAL to go on according to the peace of the Lord God of host.
