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Court rejects KATH whistleblower’s application seeking to reverse his dismissal

Kwaku Antwi Boasiako by Kwaku Antwi Boasiako
May 17, 2022
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A High Court in Kumasi has dismissed an application filed by an accounts officer seeking to reverse his dismissal by the Komfo Anokye Teaching Hospital (KATH).

The Court, presided by Justice Ali Baba, ruled that the Governing Board’s decision to sack Awuni Akyireba was procedurally right as outlined in the Hospital’s Code of Conduct.

Awuni Akyireba accused the Chief Executive Officer and Medical Director of the Komfo Anokye Teaching Hospital for misappropriating funds allotted for COVID-19 reliefs.

He alleged that they diverted the funds to procure two luxurious vehicles.

The accountant was consequently dismissed by the Governing Board of KATH for failing to appear before the Hospital’s Disciplinary Committee and peddling falsehood against Management.

Awuni Akyireba however refuted the claim.

“I never evaded being served. At the time they were seeking to serve me I was on leave. I was off duty the day they claimed they were looking for me. I never saw WhatsApp or Email service. I was only sprang with a surprise by an exhibit purporting to be a screenshot of a WhatsApp service. I have never been served to date. So this is a blatant falsehood,” he said.

The accountant, therefore, prayed the Kumasi High Court seeking an order of judicial review in the nature of Certiorari to quash the decision of the Governing Board of the Hospital.

But the Court quashed the case upon request of the defence of the counsel for KATH.

Delivering the verdict, Justice Ali Baba’s ruled among others, that the rule of natural justice has not been violated, describing the suit as ‘unmeritorious’.

“Even though I cannot find anything on the letter inviting the applicant to appear before the Disciplinary Committee on 30 November 2021 at the A&E Boardroom of KATH at 2:00 pm, to answer questions on various offences, including false allegations made against the Management of the Hospital, to put the Management of the Hospital in a bad light on a live radio programme on Akoma FM on 17 August 2021, there is evidence that suggests that the said letter was received and in fact sent to the applicant through postal service,” the Judge stated.

Awuni Akyireba who spoke to journalists after the ruling said he was not happy with the verdict of the Court.

He hinted at appealing the decision.

“So we are looking at our options again. This has not yet ended. Let me send a signal to the Hospital and even to the Court that I am firm on my issues and I know very well that justice has not been served on this matter and that I will fight till I get justice served,” he said.

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