Over Status As Board Chairman & Unlawfully Terminating Appointment Of An Employee

Investigative Desk Report

Professor Andrews Seth Aryeetey, whose appointment as the Board Chairman of national health flagship, the Korle-Bu Teaching Hospital generated controversy both among hospital personnel and in the media, has finally been towed to two separate courts, by the facility’s Director of Administration, Mr. Nelson Menorkpor.

The Board Chairman, Reverend Professor Andrew Seth Aryeetey, will soon appear in both the Labour and Human Rights Divisions of the High Court of Justice, on two different counts.

At the Labour Division of the High Court; the beleaguered Professor, will be standing trial for unlawfully terminating appointment of the plaintiff in the case, Mr. Nelson Menorkpor as the Director of Administration of the Korle-Bu Teaching Hospital.

The statement of claims by the plaintiff as filed against Professor A. S. Aryeetey, among other declaration was that ‘the purported revocation of the Plaintiff’s appointment by the Defendant is wrongful and illegal’. Secondly; a declaration that, by the Plaintiff’s letter of appointment dated the 8th of April 2010, the Plaintiff has completed serving his probationary period with the Defendant on the 30th of April, 2011, and the Defendant should have given the Plaintiff notice of the purported revocation of the Plaintiff’s appointment.

Thirdly, an order declaring and setting aside the letter written by the Defendant to the Plaintiff, on the 1st September, 2011, revoking the Plaintiff’s appointment with Defendant, as null and void, and of no legal effect; and last but not the least, an order restraining the Defendants, their agents, servants, workmen and assigns, from interfering with the Plaintiff’s employment with the Defendant as Director of Administration, pending the final determination of the suit.

Sensing malice on the part of the Board Chairman, the Director of Administration, Mr. Nelson Menorkpor stated that, his Board Chairman had earlier told journalists on a Radio programme when he was confronted with an issue of payment of salary top-up to him that, he knew it was the plaintiff who was ‘behind the story’, because, the Board had decided not to confirm his appointment.

That, Professor Aryeetey revealed the Boards intention not to confirm the plaintiff’s appointment even before the Board wrote to him.

According to the Plaintiff, since the action of the Defendant amounted to his dismissal as the Director of Administration of the Defendant Hospital, he should have been given a hearing before the Defendant took its action.

The Plaintiff also says that there has never been any properly and legally convened meeting of the Board of Directors of the Hospital to take the said decision of revoking his appointment.

Mr. Nelson Menorkpor claims, therefore, that his unlawful dismissal smacks of hatred, and victimization by the Defendant.

At the Human Rights Division of the High Court where Professor Aryeetey and the Attorney-General and Minister for Justice are billed to appear, the Plaintiff is seeking an explanation as to why the Chairman of the hospital’s board would be an employee of the same institution which board he chairs, and so therefore, calling for a proper interpretation and meaning of section 37 (1)(a) of the Ghana Health Service and Teaching Hospital Act, (Act 525), where it is spelt out clearly that anyone who is on the payroll of the Teaching Hospital cannot be appointed the Chairman of the Board of Directors of that Teaching Hospital. A declaration that the 2nd Defendant having been receiving payment of salary Top-Ups as a senior member and or consultant from the Korle-Bu Teaching Hospital, he is not qualified to be appointed the Board Chairman of the same Hospital’s Board of Directors, and therefore, his appointment is unlawful and illegal; and same ought to be set aside.

Mr. Nelson Menorkpor, is also seeking from the Human Rights Division of the High Court with immediate effect, to direct the 1st Defendant (Attorney General and Minister for Justice) to remove the 2nd Defendant (Professor Andrew Seth Aryeetey) as the Chairman of the Korle-Bu Teaching Hospital Board of Directors; and most important of all, place an injunction restraining the 1st Defendant, his agents, assigns, workmen and privies from holding the 2nd Defendant as the chairman of the Korle-Bu Teaching Hospital Board of Directors, and the 2nd Defendant from holding himself out as the chairman of the aforementioned Board of Directors.

However, this paper’s investigations reveal that, Professor Andrew Seth Aryeetey single handedly dismissed the Director of Administration, Mr. Nelson Menorkpor, without the Knowledge of Board Members, some of whom have expressed total disappointment, as regards the decision of the Board Chairman.

Though, it can be readily confirmed, “leaks” from the facility (hospital) are that the Chief Executive Officer (CEO), Professor Nii Otu Nartey, a close ally of the Board Chairman has been charged for contempt.