The Managing Editor of the tri-weekly Ghanaian Observer newspaper, Mr Egbert Isaac Faibille Jnr., has taken his crusade against the embattled Rector of the Ghana Institute of Management and Public Administration (GIMPA), Dr Stephen Adei, to the law courts, seeking an order to perpetually restrain the GIMPA boss from holding himself or being held out as a professor.
Egbert Faibille is also asking the court to order the Governing Council of GIMPA to declare the position of Rector of the Institute vacant and take the necessary steps to appoint a substantive Rector.
In a writ filled at an Accra Fast Track High Court yesterday, Mr Faibille says by virtue of the provisions of ACT 676 and the Conditions of Service of the Rector of GIMPA, (Prof) Adei (1st Defendant) has exhausted the stipulated tenure as Rector/Director General of GIMPA and cannot continue to hold himself out to the public as such.
Again, he contends that by virtue of the provisions of the same Act (ACT 676) and any consequential statutes, bye-laws and conventions thereof, it is fraudulent for Dr Adei to hold himself out at GIMPA and to the public as a Professor of Leadership.
Jointly sued in the suit is the Governing Council of GIMPA (2nd Defendant) as well as the Ghana Institute of Management and Public Administration (3rd Defendant).
Explaining his point, Mr Faibille said he has undertaken this action to enforce the provisions of the GIMPA Act, 2004 (Act 676) by the application of its relevant provisions and all consequential statutes, bye-laws and conventions arising thereof.
"At the time the 1st Defendant was appointed the Director General of GIMPA, the conditions of service for the position applicable at the institute provided that the appointment of a Director General of GIMPA should last for a term of five academic years, subject to renewal for two years only," his writ stressed.
By this requirement for the tenure of a Director General of GIMPA, Mr Faibille says Dr Adei's tenure should have ended at the end of the 2003/4 academic year.
"Contrary to the provision that the 1st Defendant's tenure as Director General of GIMPA was for five (5) academic years and subject to renewal for two academic years only; the 1st Defendant has continued to be in office as head of GIMPA to date without a contract", he added.
According to him, the GIMPA Governing Council did not renew Dr Adei's contract as Rector of the Institute at the expiration of his initial five year contract.
He averred that granted that the Council had even extended Dr Adei's contract at the expiration of the five year tenure given at the end of the 2003/2004 academic year by two academic years; he would have ended his extended tenure as Rector of GIMPA at the end of the 2005/2006 academic year.
"The Plaintiff further avers that the continuous stay in office as Rector of GIMPA by the 1st Defendant with the tacit acquiescence of the 2nd Defendant is unlawful and a flagrant abuse of the GIMPA Act, (ACT676) and its consequent statutes, bye-laws and conventions", the suit maintained.
He said at the time the Council was inaugurated under the current ACT, Dr Adei had spent the mandatory five (5) academic years and had already started out into the permissible two year renewal of his tenure; though his contract had not been renewed as stipulated by GIMPA's Conditions of Service for the Director General in force at the time of his appointment in October, 1999.
"The Plaintiff says when the 1st Defendant was engaged as Director General of GIMPA in 1999, his academic title in addition to his name was Dr. Stephen Adei; which fact is captured in all minutes of the GIMPA Council and its management meetings," Egbert pointed out, insisting that "the 2nd Defendant has since the expiration of the tenure of the 1st Defendant as Rector of GIMPA failed, neglected and refused to advertise, interview, select and appoint a new Rector of GIMPA as demanded by GIMPA's statutes".
Meanwhile, he noted that by a publication in the July 5, 2002 edition of the Daily Graphic, which was at the instance of Dr Adei, it was announced that he had been appointed Professor of Leadership of Africa by the Zimbabwe-based Africa Leadership and Management Academy.
He says that since then, various publications in the media started referring to Dr Adei as Professor Stephen Adei, whilst he signed various intra-GIMPA memoranda and outgoing correspondence from GIMPA as a professor.
"The Plaintiff says the 1st Defendant fraudulently issued a draft memorandum to his subordinates in his office announcing his purported correct and proper designation and title at GIMPA, which included the title and designation 'Professor' when he knew that he is not entitled to such a title at GIMPA", the writ stated.
The Plaintiff said the 1st Defendant holds himself out as a professor at GIMPA to the whole world, which fact is evidenced at the official website of GIMPA on the worldwide web.
Again the Plaintiff said by a document titled GIMPA's Law and Statutes under the repealed PNDC Law 318, which was in force at the time the Defendant caused his purported appointment as Professor of Leadership to be announced in the media and to the whole world and actually held himself out to the world as such, and which is still in force at GIMPA.
According to Egbert, Dr Adei does not satisfy GIMPA's conditions precedent to the use of the title 'Professor,' whether Associate or Full Professor.
Mr Faibille maintained that the right and proper action the 1st Defendant should have taken if he desired to use the title and designation of 'Professor' was to have submitted his appointment as Professor of Leadership of Africa to the appropriate body for ratification and subsequent dispensation to use the title of Professor at GIMPA.
However, he said Dr Adei has neglected, refused and failed to submit his appointment as Professor of Leadership of Africa to the appointing authority at GIMPA for ratification and dispensation to hold himself out to the unsuspecting students, staff, faculty and the whole world as a professor at GIMPA.
He said Dr Adei has fraudulently held himself out as a Professor of Leadership when he knows or ought to know that he is not entitled to the use of the title Professor.
To him, Dr Adei has perpetrated fraud by issuing the draft memorandum in which the he directed a subordinate to publish a notice for the attention of all units and staff of GIMPA to the effect that his proper, fit and correct designation and title is Professor Stephen Adei, when he knew he had no legal authority to use such a title at GIMPA.
He said the act of fraud was further perpetrated by a publication in the media by Dr Adei to the effect that he is a Professor, knowing that he had not satisfied GIMPA's conditions for promotion to the rank of professor as well as causing the publication of a brochure entitled GIMPA MAIDEN CONGREGATION PROGRAMME in which he held himself out as a Professor; alongside the publication of his picture; when he knew he is not a professor.
Again, induced by and acting in reliance of his representations that he is a professor at GIMPA, President Kufuor did refer to him in a citation accompanying a state award to him in July, this year.
He also maintained that the GIMPA Council by their actions and inactions have permitted Dr Adei to continue in office illegally as Rector of GIMPA and also to hold himself out as a Professor of Leadership at GIMPA when they have not appointed him to such a position or ratified any such appointment by any tertiary institution.
Unless restrained from so doing, he said Dr Adei intends and is continuing to fraudulently hold himself out to the unsuspecting public and the whole world that he is a Professor of Leadership at GIMPA and also the Rector of the Institute.
"Unless ordered by this Honourable Court, the 2nd Defendant will not take the necessary steps to declare vacant the position of Rector of GIMPA and take steps to appoint a new substantive head of that institution", he continued, adding: "Unless ordered by this honourable Court, the 2nd Defendant will continuously by its actions and inaction permit the 1st Defendant to continuously hold himself out as a Professor at GIMPA."
