The former Medical Director of the Ridge Hospital in Accra, Dr. Thomas Anaba has sued government for reassigning him.
He is however seeking an order from the court declaring that the decision of the Minister of Health “was unlawful and therefore null and void and of no effect whatsoever.”
The former Ridge hospital boss is also seeking an order reinstating him as the Medical Director of the Ridge hospital as well as an order prohibiting the Health Minister and any other person “from taking any unreasonable, unfair, unjust and capricious decision against the applicant.”
Background
[contextly_sidebar id=”aptK5alVX6T85iWjlDwkGqEFfzvIrGJd”]Dr. Anaba was about two weeks ago given a letter directing him to handover to the Public Services Commission three years short of the expiration of his tenure.
He is expected to return to his former workplace at the University of Development Studies.
Although no reasons were given, the letter said the directive was from the Health Minister who has subsequently appointed Dr. Anaba’s predecessor, Emmanuel Kwabla Srofenyoh.
But Dr. Anaba has vowed not to relinquish his post.
In his writ, Dr. Anaba argued in his reassignment was “unlawful because the Minister [of Health] lacked legal authority to effect the release of the Applican from his position as Medical Director of the Greater Accra Regional, Hospital, Ridge.”
According to him, the directive from the Ministry was “unfair and unreasonable and does not comply with the requirement 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.
He also insisted that “the purported action of the Minister in the 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.”
Dr. Anaba in the writ further insisted that the action by the Minister also “breached the legitimate expectations of the applicant that the terms of conditions of his appointment as Medical Director would be respected by the Ghana Health Service, his employer.”
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By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin