28 November 2018

Ghana: KBTH, A-G Sued for Declaring Positions Vacant

Two top level staff of the Korle-Bu Teaching Hospital (KBTH) in Accra have sued the Attorney-General (A-G) and the KBTH, at the Human Rights Division of the Accra High Court, asking for an injunction to be placed on the advertisement of their positions that have been declared vacant while they are still at post.

Also sued are the Board Chairman, Governing Board of the hospital, Chief Executive Officer, Dean of the University of Ghana Medical School, Medical Director of Korle-Bu Teaching Hospital, Director of Nursing Services, Director of Pharmacy, Dr. Radha Hackamn, Mr. Jerry Ahmed Shair and Dr. Patrina Tekyi Ankra.

The plaintiffs, Mr. Bright Kwame Korkoryie, Director of Finance and Dr. Nuru-Deen Mohammed, Director of Administration are not satisfied with the conduct of the defendants for using unconstitutional means to get them out of their current KBTH.

They, therefore, want the court to order them (defendants) to rescind their decision per the advertisement of directors' positions published in the Daily Graphic, and a private newspaper, Daily Guide, respectively on Friday, October 12, 2018.

According to the plaintiffs, the defendants' conduct of advertising their (plaintiffs) positions as vacant using the said 'Appointment Process' to engage new directors was, "Unfair, unreasonable, arbitrary, capricious, biased, prejudiced and without due process contrary to Articles 23 and 296 of the 1992 constitution of Ghana."

Mr. Korkoryie and Dr. Mohammed want an order of injunction restraining the defendants, their privies, allies and associates from further engaging in any act or process of interviewing candidates for the position of Directors of Finance and Administration respectively per the advertisement of vacant role of directors of the hospital until the final determination of the case.

The aggrieved staff sought the court to declare that the conduct of the defendants was calculated at removing them from office contrary to Article 191 of the 1992 Constitution of Ghana, and that the fourth defendant's conduct, i.e. Dr. Bernard Okoe Boye, Board Chairman, was unconstitutional, or in excess of the powers conferred on him by the statutes that set up the board and his office.

The plaintiffs said that they were duly interviewed and went through the due process before they were appointed to their respective positions of Director of Finance and Director of Administration of the KBTH, and that they had not indulged in any negative acts to warrant their removal from office.


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