KATH Board cited for contempt by court

The Management Board of the Komfo Anokye Teaching Hospital (KATH) led by the Chairman, Nana Effah-Apenteng (Chief of Bompata) has been cited for contempt of the Kumasi High Court after it appointed an Acting Director of Finance despite a court restraining the board from embarking on such or related actions, MyNewsGh.com reports.

One Elvis Kusi, the Director of Finance at the KATH filed a writ of summons alongside an application for interlocutory injunction after his position was advertised by the board for a replacement.

The injunction application was granted in favour of the Applicant (Elvis Kusi) at the initial sitting of the Court in which the court ordered that the defendant (KATH), it’s assigns, agents and workmen or any person claiming through it was to be restrained from interfering with the Applicant’s position as the Director of Finance and also restrained from interviewing and appointing prospective applicants to the position of Director of Finance of the facility until the final determination of the suit was made.

Despite the Court’s orders, the  1st Respondent (Nana Effa Apenteng) in a letter purporting to be the decision of the board asked the applicant, Elvis kusi to proceed on leave with the specifications of his job delegated to his deputy, Mr. John Owusu who is a 3rd respondent in the suit to act in his stead.

The 3rd respondent in a series of meetings signed documents in his capacity as the Acting Director of Finance, attended meetings and  received allowances in that capacity rendering the applicant redundant contrary to the ruling of the Kumasi High Court.

The Court through a substituted service has served the Board of the Komfo Anokye Teaching Hospital the contempt charge which has Nana Effa Apenteng as 1st respondent, CEO of the facility, Dr. Oheneba Danso as a 2nd respondent and Mr. John Owusu (Acting Director of Finance) as the 3rd respondent.

The Kumasi High Court has set March 25, 2022 as the day it will hear the contempt charge.

Background

Lawyers for the Director of Finance at the Komfo Anokye Teaching Hospital (KATH) have obtained an injunction from a Kumasi High Court to stop the Board and Management of the facility from replacing their client.

The injunction granted by the Human Rights Division of the Kumasi High Court will restrain the management and board of the hospital from interviewing and employing a new person for the Director of Finance position.

An advertisement published in the Tuesday 6th October 2022 edition of the Daily Guide Newspaper listed job vacancies at the Komfo Anokye Teaching Hospital (KATH) which included a vacancy for the position of the Director of Finance.

Lawyers for Mr. Elvis Kusi following this obtained an injunction to restrain the management of the hospital from bringing in another person for their client’s position.

Even as the court processes begin, a letter sighted by the media and signed by Board Chairman of the Komfo Anokye Teaching Hospital requested the Director of Finance to proceed on 36 working days’ annual leave effective Monday, November 2, 2022.

The letter which was the outcome of the 39th meeting of the 5th KATH Board also requested him to handover to one John Owusu, a Deputy Director for Financial Reporting and Expenditure at the hospital.

Lawyers for the plaintiff described the decision by the hospital to advertise their client’s position while he is being asked to proceed on leave as unlawful.

On 6th October 2022, the Human Rights Division of the High Court granted an injunction application filed by lawyers of the plaintiff.

Speaking after court proceedings, one of the Lawyers for the plaintiff, Kwame Owusu Sekyere said they are happy about the decision of the court.

He explained that “What happened was that the court has granted our application for an injunction to restrain Komfo Anokye Teaching Hospital, their board, their assigns, agents, servants from interviewing, appointing and doing anything in respect of appointing a Director of Finance for Komfo Anokye Teaching Hospital until the final determination of the case that the applicant, Mr. Elvis Kusi has brought to court. That is what the court has granted. But in the interim, until we determine this matter, Komfo Anokye Teaching Hospital should stay away from that position of Director of Finance.”

Mr. Owusu Sekyere said although there was a representative of the hospital in court, his team will still go ahead and serve the board and management of the facility with the order of the court in accordance with the laws.

The court was presided over by Justice George Akrofa.

Source: MyNewsGh.com/ Evans Osei-Bonsu/ 2022

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