Court rejects Amega's leadership of ARS

February 27, 2009 (Page 3 Lead)

A six-year-old legal battle between an octogenarian and 12 apostles of the Apostles Revelation Society (ARS), was yesterday brought to an end, when the Accra Fast Track High Court ruled against the octogenarian remaining in office as leader of the church.
The court also declined to allow the octogenarian, Apostle James Amega, to perform the functions of leader of the ARS.
The legal tussle, which began in December, 2003, has gone through the hands of different judges but it finally rested on Mr Justice K. A. Ofori-Atta to pass judgement yesterday.
Apostle Amega, 90, sued 12 apostles of the ARS, including Reverend Apostles A. N. Tehn-Addy, C. K. M. Dorvlo, L. K. Nutsuako, O. K. Gbeku, M. Akunor and C. K. Attipoe, praying the court to set aside his purported removal on August 23, 2002, as well as any subsequent one, for breach of natural justice and due process.
The other defendants in the case were Reverend Apostles J. G. Fummey, I. K. Axorlu, R. K. Zenegba, C. M. Gbeku, R. K. Akpenyo and F. S. K. Kuadey.
Two of the defendants, namely, Reverend Apostles Gbeku and Kuadey, died in the course of the trial.
The name of a third plaintiff, Mr Dickson Owusu Abrokwah, was struck out of the case in the course of the trial because the court held that he had no course of action.
The plaintiff had also prayed the court to grant a perpetual injunction to restrain the defendants and their agents from interfering with his right to perform the functions of a leader, in accordance with the constitution, by-laws and regulations of the ARS, but the court dismissed the entire application.
It awarded costs of GH¢3,000 in favour of the defendants, who jubilated after the court’s decision.
Citing authorities to buttress the court’s decision, Mr Justice Ofori-Atta held that so long as the plaintiff was appointed by the College of Apostles, made up of the defendants, the college had the right to remove him from office.
The court also held that the processes that had brought Apostle Amega to power were invalid and that he was only elected to fill the vacuum after the Founder and Leader of the church, Mawu Fe Ame, C. K. N. Wovenu, had passed away on April 10, 1999.
It also held that the plaintiff failed to convince the court that he had been unfairly treated by the defendants.
The court, accordingly, upheld the objection raised by the defendants and dismissed the plaintiff’s suit.
In his statement of claim, the plaintiff had stated that the defendants had usurped and undermined his authority as leader of the church by revoking him as the leader, ordaining elders without his consent, adulterating his tenets, appointing new regional superintendent ministers and other ministers without going through laid down processes, among others.
However, the defendants denied the claims by the plaintiff and stated that he had no capacity to institute the action.
They also claimed that the plaintiff resorted to arbitrariness, high-handedness and divisiveness in the conduct of affairs immediately after he had been appointed leader of the church.
According to them, the plaintiff did not heed to their protests, for which reason they revoked his appointment through a letter dated August 23, 2002.
The defendants said the College of Apostles rescinded its decision after several interventions on behalf of the plaintiff and reinstated him.
They argued that contrary to their belief that the plaintiff would not resort to his arbitrariness, he became more intransigent and offensive in his conduct and consequently he was removed from office on February 6, 2003 as leader and chairman of the church.