An Accra based Broadcster, Mr.Hery Ayi Addo has filed a writ at the Accra High Court placing a perpetual injunction on Prof. Afua Hesse, Acting CEO of the korle- Bu Teaching hospital from continuing to hold herself either as the Director of Medical Affairs or the CEO of the hospital.
The writ also sought to place an injunction on Rev. Okpoti Botchway from holding office as an Acting CEO in the absence of Prof. Hesse.
According to the writ filed, in 2009, the post of the Director of Medical Affairs of the hospital became vacant and the board caused an advertisement to be placed to that effect.
However, in response to that advertisement, Prof. Hesse applied for the position attaching her CV. Little over a year after her appointment to that office, the board authorised the then CEO of the hospital to write a letter confirming the appointment of Prof. Hesse, which he did on 2nd September 2011.
It was also stated in the writ that since January 2013 Prof. Hesse has doubled as the Acting CEO and her substantive post as the Director of Medical Affairs of the hospital.
The Plaintiff, Henry Addo averred that the positions of CEO and Director of Medical Affairs are public service posts and hence the holder of such posts must retire compulsorily under Article 199 of the Constitution of Ghana upon attaining the age 60.
In supporting his writ, Henry Addo noted that Prof. Hesse will attain age 60 on 11th September 2013 and per the letter confirming her as the Director of Medical Affairs, it has been expressed that her appointment as such is for a duration of 3 years with effect from 1st May 2011 and is subject to a second term of four years.
The Plaintiff contended that the Korle-Bu Board has evinced an intention of keeping Prof. Hesse in the positions beyond 11th September 2013 contrary to the Constitution of Ghana.
It was also mentioned that Prof. Hesse has evinced an intention of staying in the two offices beyond her constitutionally mandated compulsory retirement age since instead of proceeding on her terminal leave prior to retirement, she has taken an ordinary leave and has indicated that she will resume on 12th August 2013.
“In the absence of the 2nd defendant from her post as the acting Chief Administrator of the said hospital, the 1st defendant has purportedly appointed the 3rd defendant to act as the Chief Administrator of the hospital in clear violation of the provisions of the Ghana Health Service and Teaching Hospital Act, 1996 (Act 525),” the writ stated.
Henry Addo who reports for the Accra based Metropolitan Television[Metro TV] believes that the defendants will persist in their illegitimate actions in the manner in which they are running the said hospital unless they are restrained by the Court.