Former Medical Director of the Greater Accra Regional Hospital (formerly Ridge Hospital), Thomas Anaba, has sued the Government over his removal from office three years before the expiration of his tenure.
Two weeks ago, Dr. Anaba was asked to handover to the Public Services Commission and directed to proceed to his former workplace at the University of Development Studies in the Northern Region.
The Ministry of Health subsequently appointed Emmanuel Kwabla Srofenyoh to replace Dr Anaba.
Photo: Dr Anaba
However, Dr Anaba vowed not to leave office and has said his transfer contravened the law.
He has filed a writ praying the Supreme Court to issue an order declaring that the “decision of the minister of health contained in the letter dated 10 May 2017 was unlawful and therefore null and void and of no effect whatsoever”.
He is also praying for an order “reinstating” him as “Medical Director, Greater Accra Regional Hospital, Ridge in Ghana Health Service or to an equivalent position in the Ghana Health Service without a reduction in the rank and other conditions of service”.
In his writ, Dr. Anaba also argues that his reassignment was “unlawful because the Minister [of Health] lacked legal authority to effect the release of the Applicant 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.”
Dr Anaba was appointed amidst controversy on 1 February 2016 by President John Mahama. His appointment was to last till 2020 after which he would have had the option of reapplying to stay on.
He was served with his dismissal letter on Monday 15 May and asked to vacate post in two hours.
He demanded to know if his dismissal had the blessing of the Public Service Commission and the Ghana Health Service (GHS) Council – which is yet to be constituted.