The Accra Court of Appeal has dismissed an appeal by Prophet Miritaiah Jehu-Appiah, of the Musama Disco Christo Church (MDCC), seeking to reverse a decision by the Executive Council of the Church to dismiss him as head and spiritual leader of the church.
The court, presided over by Justice A. Asare Korang found no merit on the ground of appeal and dismissed it.
The three -member panel that include Justice F. Kusi Appiah, and Justice V. D Ofoe said in the 20-page judgement that it was not in dispute that the MDCC had a binding constitution, which became the guidance for the resolution of the dispute.
The plaintiffs and respondents in the case were Reverend Jeresim Offa Jehu-Appiah and Reverend James Kinakosa Addae, while the Defendant and Appellant was Prophet Miritaiah Jehu-Appiah.
Justice Asare Korang said there was evidence on record that, in December 2002, the Executive Council suspended the Akaboha for alleged sordid sexual affairs.
The suspension was to enable the Council to protect the Akaboha from public attack and to investigate allegations of sexual scandals involving the Leader of the plaintiff church.
The committee's findings were that the Head Prophet had proved to be licentious.
Justice Asare Korang said it was plain, clear and unambiguous that any member who violates the constitution of the church, including immorality shall be suspended or expelled from the church.
He stressed: "To me the Executive Council could take disciplinary action in the form of suspension or expulsion against any person belonging to the church."
Prophet Jehu-Appiah contended that as leader and Akaboha of the church he must remain in that position for life.
The court, however ruled that even though officers of the church including
Akaboha III says that they hold their positions for life under the constitution and could not be dismissed there is no express provision in the constitution that says so.
Justice Asare Korang said Prophet Jehu-Appiah Akaboha admitted during cross- examination that he could be removed not only as a member but also as Akaboha on the grounds of misbehaviour.
" I therefore hold that the defendant as Leader and Akaboha could be removed from the church."
The court said it was pertinent to note that the dismissal and removal of the Defendant as Leader and Akaboha of the plaintiff church is a disciplinary one. It was not only proper in relation to the stated misbehaviour of the then Head Prophet and Akaboha, but also in accordance with the governing constitution of the church.
"I hold therefore that, the Defendant as Leader and Akaboha was lawfully dismissed and removed from the church."
Justice Asare Korang said the justice of the case demanded that the issue of capacity to sue in the area of sexual offences by the two senior members/pastors of the church against the leader of the church need not be over emphasised by the court.
"I hold therefore that, those who brought the action on behalf of the plaintiff church against the defendant have locus standi and are clothed with the requisite capacity to institute this action."
Justice Asare Korang noted that the MDCC case was one of the spate of litigation among fighting Christian brethren in the courts.
"This trend, I must say, portends ill for the spiritual and moral health of our country."
He said the elders of the MDCC could have settled the matter out of court instead of washing their dirty linen in public.