The Rector of the Ghana Institute of Management and Public Administration (GIMPA), Prof. Stephen Adei, is challenging the capacity of the Ghanaian Observer’s Editor-in-Chief, Egbert Faibille Jnr to institute the court action challenging whether he (Prof Adei) is a properly appointed professor of leadership at GIMPA.
According to an article in the Friday, September 28 edition of the Observer, Nene A.O. Amegatcher of Sam Okudzeto and Associates, lawyers for Stephen Adei and GIMPA have filed a Motion on Notice seeking to set aside the writ of summons issued by Egbert Faibille Jnr (Plaintiff) against Stephen Adei, the Governing Council of GIMPA and GIMPA as 1st, 2nd and 3rd Defendants respectively.
In an accompanying affidavit in support of the Motion on Notice filed on Tuesday, September 25 which was deposed to by one Tawia Akyea who claims to be the Acting Secretary of GIMPA and swears that he has the authority and consent of the three defendants, Stephen Adei, the Governing Council of GIMPA and GIMPA to the affidavit avers that the Plaintiff does not have capacity to bring the present action.
Among other averments, the affidavit said GIMPA, (the 3rd Defendant) is an institution established by an Act of Parliament, namely the Ghana Institute of Management and Public Administration Act, 2004 (Act 676).
That Act 676 states the objects and functions of the 3rd Defendant institute and which governs its procedures for appointing academic staff and the award of their respective grades or titles.
Again the affidavit says whether or not the title of Professor was properly conferred on the 1st Defendant is therefore an issue for the specified bodies in GIMPA to deal with, and no member of the general public is clothed with capacity to challenge same.
Again the affidavit says the 1st Defendant's contract of employment is between himself and GIMPA and that the Plaintiff therefore has no locus standi to sue on enforcement or otherwise of the said contract.
Egbert, who describes the case as one definitely set for legal arguments, says he intends to proceed to the Fast Track High Court to ask the court to dismiss the motion.
On September 4, 2007, Egbert issued a writ of summons against the Defendants for several reliefs; among them a declaration that by virtue of the provisions of ACT 676 and the Conditions of Service of the Rector of GIMPA, Prof. Stephen Adei has exhausted the stipulated tenure as Rector/Director General of GIMPA and cannot continue to hold himself out to the public as such.
A declaration also that by virtue of the provisions of the ACT 676 and any consequential statues, bye-laws and conventions thereof it is fraudulent for Prof Adei to hold himself out at GIMPA and to the public as a Professor of Leadership at GIMPA and an order perpetually restraining him from holding himself or being held out by the Governing Council of GIMPA as a Professor of Leadership at GIMPA.
Egbert also wants the Governing Council of GIMPA to declare the position of Rector of GIMPA vacant and take all necessary steps to appoint a substantive Rector.
Source: Ghanaian Observer
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