The Supreme Court unanimously held that Article 2 (2) of the 1992 Constitution makes provision for adequate remedy in case the action of the defendant failed or is declared unconstitutional.
“In order not to prejudice the substantive matter, we will refrain from touching on the legal issues, the application for injunction is however dismissed,” the SC ruled.
Jonathan Holm a businessman had gone to the SC on the basis that government has breached sections of the 1992 Constitution which stipulated that the land must be used for the purpose for which it was acquired.
Holm was therefore seeking a declaration that the action of the government was unconstitutional because it was not using the land for the purpose for which it was acquired, hence same should be returned to its owners.
The ruling therefore gives way for the construction works to proceed.
Mr Bright Akwettey who represented Holm contended that the laws of compulsory acquisition was being violated by the current construction of the National Cathedral hence the SC must intervene to declare the action of the state unconstitutional.
Mr Akwetey who quoted Article 20 (5) (6) to substantiate his arguments prayed the court to heed to their request.
However, the state represented by Mrs Dorothy Afriyie Ansah, Chief State Attorney representing the Attorney General held that the thrust of the application is to request the court to restrain the legal and beneficiary interest of the piece of land which is to be used for public interest.
Mrs Ansah noted that this was a property that had been acquired and paid for and same was to be used for public interest.
Referring to Article 2 (2), the Chief State Attorney contended that the Plaintiff would not suffer any inconvenience, rather the government that has signed contracts for the construction to take off.
She held further that the application was frivolous and unmeritorious and same should be dismissed.
Meanwhile the SC is yet to delve in to the substantive issue.
Demolishing of main structures on the land located at Ridge have been carried out and other construction works have started.
The structure is being built in fulfillment of a pledge made to honour God in the year 2016 by current President Nana Addo Dankwa Akufo-Addo then a Presidential Candidate of the New Patriotic Party.