In the suit which names the GNPC, the Attorney General and Dr Sarpong as respective first, second and third defendants, Mr Dogbey argues that the laws of the country were breached in the latter’s appointment as GNPC CEO.
He avers that Dr Sarpong 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, Mr Boakye Agyarko who had not yet taken office as minister.
According to Mr Dogbey’s suit, the appointment of 3rd Defendant as CEO was right from the outset a nullity and the Attorney General shirked his duty hence the appointment of Dr Sarpong as the Chief Executive Officer of GNPC at a time “that he was 63 years old and now 67 years old”.
“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.
Claims
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.
Source: Graphic.com.gh
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