The Herald, has dragged Dr. Kofi Koduah Sarpong of the Ghana National Petroleum Corporation (GNPC) to High Court, over his continuous stay in office as the Chief Executive Officer (CEO) of the state-owned institution.
Dr. Sarpong had attained the compulsory retirement age of 60 at the time of his appointment, and was aged 63 years. He is currently 67 years, but still remains at post.
The lawsuit comes months after the President, Nana Akufo-Addo, on the same age grounds, sent the Auditor General, Daniel Yao Domelevo, packing out of office as the Auditor General because he had attained the compulsory retirement age for public service workers; 60 years.
The President’s Executive Secretary, Nana Bediatuo Asante at the time, had in a statement on Mr Domelevo said “the attention of the President of the Republic has been drawn to records and documents made available to the Office by the Audit Service, that indicate that your date of birth is 1 June 1960 and that in accordance with article 199(1) of the Constitution, your date of retirement as Auditor General was 1 June 2020.”
“Based on this information, the President is of the view that you have formally left office. Mr Johnson Akuamoa-Asiedu will continue to act as Auditor-General until the President appoints a substantive Auditor General,” part of the statement read, however, the Presidency is not applying the same principle in relations to Dr. Sarpong’s age.
Interestingly, the GNPC boss, Dr. Sarpong, is not the only appointee of President Akufo-Addo who is over aged.
Maxwell Kofi Jumah, a former NPP Mayor of Kumasi, former Member of Parliament for the Asokwa Constituency in the Ashanti Region, who is the Managing Director of GIHOC Distilleries Company Limited, is currently 71 years, yet still at post just like the GNPC boss.
The writ filed in the name of the Editor of the Herald Newspaper, Larry-Alans Dogbey, names the GNPC, the Attorney General and Dr Sarpong as respective first, second and third defendants.
Mr Dogbey, in the suit filed on his behalf by Lawyer Eric Asuman–Adu argues that the laws of the country were breached in the latter’s appointment as GNPC CEO as had attained the compulsory retirement age of 60 at the time of his appointment and was aged 63 years.
He further argues that Dr Sarpong’s appointment as caretaker CEO of GNPC by President Akufo-Addo on January 19, 2017, was in contravention of Article 80 of the Constitution of Ghana and Section 10 (6) of the GNPC Act 1983 (PNDCL 64) because it was done by the President through the then Minister Designate for Energy, Boakye Agyarko who had not yet taken office as minister.
According to the plaintiff, the appointment of Dr Sarpong was from the outset, a nullity, adding that the attorney general, who is the second defendant, shirked his duty, hence the appointment of Dr Sarpong as CEO of GNPC at a time that he was 63 and now 67 years.
The plaintiff is of the opinion that Dr Sarpong’s appointment at 63 and his continuous stay in office at 67, offends PNDCL 64, especially section 27 and Article 199 (1) of the 1992 Constitution and the Labour Law (Act 651).
The suit said Dr Sarpong will continue to stay in office if the court does not compel the appointing authorities to terminate his appointment
“Plaintiff will aver that by all intends and purposes the appointment of 3rd Defendant as C.E.O. of 1st Defendant Corporation at age 63 and his continuous stay in office at age 67 offends against (P.N.D.C.L 64) especially section 27 of the aforementioned Act, Article 199(1) of 1992 constitution and the Labour Law (Act 651),” the writ of summons states.
It is Mr Dogbey’s case that Dr Sarpong will continue to stay in office if the court does not compel the appointing authorities to terminate his appointment.
He is therefore seeking an order declaring the appointment of Dr Sarpong as the Chief Executive Officer on January 24, 2017, and his continuous stay in office as illegal and of no effect.
He also wants an order nullifying the appointment of Dr Sarpong as the Chief Executive Officer of GNPC.
Additionally, he wants perpetual injunctions restraining the GNPC and the Attorney General from renewing Dr Sarpong’s contract of employment for another five-year term and an injunction restraining Dr Sarpong from holding himself as the CEO of GNPC.
—theherald
