An Executive General Secretary of the Christian Divine Church, Kwame Badu Andor has dragged the Chairman and Vice-Chairman, Ebenezer Boahen and Augustus Agyemang Achina respectively to court for breach of the Church’s Constitution and for overstaying the term of their elected positions.
The Plaintiff also sued one John Brown and Registered Trustees of The Christian Divine Church.
According to a Motion for Interlocutory Injunction filed at the High Court on August 28, 2022, the Plaintiff (Kwame Badu Andor), the1st and 2nd Defendants (Ebenezer Boahen and Augustus Agyemang Achina) who were elected as Chairman and Vice-Chairman respectively had their term of office expired on 28th January, 2022.
The Plaintiff stated in his Affidavit that per Article 40(1) and 43(1) of the Church Constitution no person shall hold the said position for more than two consecutive terms and further, the combined effects of Articles 37(2) and 67(3) of the Church Constitution also provides that persons upon attainment of sixty-five years of age are not eligible for re-election in to office.
He explained that, the Church in 2005 adopted the Constitution to regulate the appointment of its officers, management of the Church administration, conduct of its members and disbursement of funds among other things.
However, the 1st Defendant served two terms in office and together with the 2nd Defendant having attained age of sixty-five years, are not eligible to run for office upon expiration of their tenures of office on January 28, 2022.
Instead of stepping down their positions, the Defendants, according to the Plaintiff, continued to assume the role of Chairman and Vice-Chairman in utter disregard to the dictates of the Church Constitution and in open defiance of the Trustees notice to them to retire from the appointed office.
The Plaintiff, Kwame Badu Andor also made reference to a case before the Tarkwa High Court in Ekow Dadzie v Andrew Antwi and others, which the Court granted an injunction to restrain the Christiaan Divine Church, including its officers from covering pastoral council meetings or holding of any meetings on elections until the determination of the suit.
“That in the case before the Accra High Court in David Offei Agyekum and Others v. Apostle Ebenezer Boahen, Augustus Achina and 3 others, is a pending injunction application to restrain the 1st, 2nd and 3rd Defendants from interfering with the administration of the church by accessing church funds until the final determination of the suit.”
Meanwhile, the Respondents, according to the Plaintiff/Applicant, intend to access Church funds held in the various banks and to further hold meetings to discuss matters relating to elections in the Church in such manner amounting to a violation of the Church Constitution.
According to him, the Respondents intend to hold the said meetings stating from 2th August, 2022.
This, the Plaintiff believes is inconsistent with the Church Constitution.