General News Mon, 1 Jul 2019

Wrongful Dismissal: Ex-Data Protection boss sues government

A former Executive Director of the Data Protection Commission, Teki Akuetteh Falconer, has sued some government appointees and agencies over her dismissal in 2017.

The suit follows a recent ruling by the Supreme Court that it was unconstitutional for the president to remove any CEO or MD of a state institution arbitrarily.

The defendants include Attorney General Gloria Akuffo, the Ministry of Communication and its Minister, Mrs Ursula Owusu-Ekuful and the Data Protection Commission.

According to Falconer, her removal from office in July 2017 was against the 1992 Constitution, the Data Protection Act 2012 and the Labour Act 2003 (Act 651), among others.

Falconer argues that although she went through the laid-down constitutional processes to assume office as the D-G of the Data Protection Commission, she was unconstitutionally removed from office by the Akufo-Addo government.

She is, therefore, seeking the following reliefs:

- A declaration that the letter issued by Ursula Owusu-Ekuful purporting to terminate her appointment as Executive Director of the Data Protection Commission is in violation of the 1992 Constitution of Ghana as well as Public Services Commission Act,1994 (Act 482), the Data Protection Act, 2012 (act 843) and the Labour Act 2003 (act 651), among others and as such void and no effect whatsoever.

- A declaration that the subsequent purported appointment of another person to replace her in the said position is also unlawful and has caused financial loss to the state.

- An order directing the Defendants to pay her all compensation, entitlements and benefits due her under the terms of contracts.

- Interest on any amount found due her at the going commercial rate due date till the date of final payment.

- General and exemplary damages for unlawful interferences with her contract of service.

- An order surcharging any person or persons found responsible for willful violation of the 1992 Constitution and the laws of the country with any financial loss caused to the state as a result of the Defendants unlawful conduct.
Source: Class FM