Journalist Sues Korle-Bu Et Al

Korle-Bu Teaching Hospital Board and two other persons have been sued by a journalist, Henry Ayi Addo of Metropolitan Television (Metro TV), at the Fast Truck Division of the High Court and are to appear before it on Tuesday August 20, 2013. The second and third defendants in the case are Prof. Afua Adwo Jectey Hesse, Acting Chief Administrator and Rev. Albert Okpoti Botchway, a lawyer, businessman and a non-executive member of the hospital�s board, respectively. The plaintiff, Mr. Ayi Addo is praying the court to grant an interlocutory injunction to restrain in the second and third respondents from holding their offices because it is contrary to the constitution of Ghana, as well as the Ghana Health Service and Teaching Hospital Act 525. The plaintiff in his statement of claim is seeking, among other things, the court to declare that the second defendant is due for compulsory retirement on or after September 11, 2013, as well as declare that the second defendant is due for terminal leave prior to retirement. He is also seeking a declaration that it is ultra vires on the first defendant to appoint the third defendant as the acting Chief Administrator of the Korle-Bu Teaching Hospital in the absence of the holder of that office. Mr. Ayi Addo is also praying for a perpetual injunction restraining the second defendant from continuing to hold office as either the Director of Medical Affairs or the acting Chief Administrator of the Korle-Bu Teaching Hospital. He is also asking an injunction restraining the third respondent from holding office as the acting Chief Administrator of the hospital in the absence of the holder of that office and some costs. In the statement of case, Mr. Ayi Addo said the second respondents was appointed as the Director of Medical affairs and subsequently acting Chief Administrator of the hospital, but was due for compulsory retirement in September 2013 per the article 190 of the 1992 constitution. The plaintiff contends that under article 199 of the constitution, the second defendant ought not to resume her post since she was due for terminal leave prior to her retirement and also, the third respondent was not entitled to assumed duty as the acting Chief Administrator of the hospital. In addition, appointing the third respondents to act in that capacity was a violation of the provisions of the Ghana Heath Service and Teaching Hospital Act, (Act 525) since he was not an employee of the hospital, but a non-executive member of the hospital.