Dr Thomas Winsum Anabah, who was dismissed as the Medical Director of the Ridge Regional Hospital, has sued the government seeking five reliefs for what he termed unlawful termination of his appointment.
The ex-parte motion filed on Friday, May 26, 2017 at the Human Rights Division of the High Court in Accra has the Attorney General as the only defendant.
He was dismissed by the Health Minister in a letter dated May 10, 2017 which he received three days after it was signed. He was subsequently asked by the Director of the Ghana Health Service on May 15, 2017 to handover immediately to Dr. Emmanuel Srofenyo to give way to a planned restructuring at the facility.
But Dr. Anabah is seeking an order from the court “declaring that the decision of the Minister of Health contained in the letter dated 10th May 2017 was unlawful and therefore null and void and of no effect whatsoever.”
He also wants an order reinstating him to the position of Medical Director at the same hospital or to an equivalent position in the Ghana Health Service without a reduction in rank and other conditions of services.
The suit filed on his behalf by the solicitors, Ayine and Felli, prayed the court: “as an alternative to the reliefs sought in (b) and (c) above, an order that the Ghana Health Service should pay the Applicant all his emoluments and other entitlements for the remainder of the term of his contract.”
I) That the purported action of the Minister communicated via his letter dated May 10, 2017 is unlawful because the Minister lacked legal authority to effect the release of the Applicant from his position as Medical Director of the Greater Accra Regional Hospital, Ridge;
II) That the purported action of the Minister contained in his letter dated May 10, 2017 is unfair and unreasonable and does not comply with the requirements of the Constitution and the Ghana Health Service and Teaching Hospitals Act, 1996 (Act 525) with respect to the appointment and removal of staff of the Ghana Health Service;
III) That the purported action of the Minister contained in his letter dated May 10,2017 constitutes an abuse of power as it amounts to a constructive dismissal of the Applicant without just cause in contravention of article 191(b) of the Constitution; and
IV) That the purported action of the Minister contained in his letter dated May 10,2017 breached the legitimate expectations of the Applicant that the terms and conditions of his appointment as Medical Director would be respected by the Ghana Health Service, his employer.
The High court is expected to move the case for hearing next week Friday, June 2, 2017.
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