EGBERT FAIBILLE JNR. (PLAINTIFF) vs. DR. STEPHEN ADEI, THE GOVERNING COUNCIL AND GHANA INSTITUTE OF MANAGEMENT AND PUBLIC ADMINISTRATION (GIMPA) (DEFENDANTS) [2008]DLHC7486

EGBERT FAIBILLE JNR. (PLAINTIFF) vs. DR. STEPHEN ADEI, THE GOVERNING COUNCIL AND... [2008]DLHC7486

Date	2008-10-30
Suit No.	SUIT NO. AP55/2007
Citation No.	[2008]DLHC7486

VICTOR OFOE J.A

JAMES AGALGA FOR THE PLAINTIFF.

VICTORIA BARTH FOR AMEGATCHER FOR THE 1ST DEFENDANT.

STANLEY AMARTEIFIO FOR 2ND & 3RD DEFENDANTS

[2008]DLHC7486
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													<main id="main" class="content" style="min-height: 60rem" ><a name="_Hlk24368112">EGBERT FAIBILLE JNR.<o:p></o:p></a>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>DR. STEPHEN ADEI, THE GOVERNING COUNCIL AND GHANA INSTITUTE OF
MANAGEMENT AND PUBLIC ADMINISTRATION (GIMPA)<o:p></o:p>(DEFENDANTS)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (FAST TRACK/AUTOMATED
DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. AP55/2007&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 30TH OCTOBER, 2008<o:p></o:p>

</div>COUNSEL:<o:p></o:p>JAMES
AGALGA FOR THE PLAINTIFF. <o:p></o:p>VICTORIA
BARTH FOR AMEGATCHER FOR THE 1ST DEFENDANT. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

STANLEY AMARTEIFIO FOR 2ND &amp; 3RD
DEFENDANTS<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>The
plaintiff, Egbert Faibille, is challenging the continuance in office of Dr.
Stephen Adei, the 1st defendant, as the Rector of GIMPA the 3rd, defendant
institution. Faibille contends that Dr. Adei has exhausted his term of office
by the 2003/2004 academic year and should have vacated office but he continues
to unlawfully encumber the office against all the statutes governing GIMPA. Not
only that but the 1st defendant has been holding himself up as a Professor of
leadership at GIMPA which he is not. As a citizen of Ghana he sees it a duty to
abate these aberrations. He is therefore seeking from this Court:- <o:p></o:p>“a) A declaration
that by virtue of the provisions of Act 677 and the Conditions of Service of
the Rector of GIMPA, the 1st defendant has exhausted the stipulated tenure as
Rector/Director General of GIMPA and cannot continue to hold himself out to the
public as such. <o:p></o:p>b) A declaration that
by virtue of the provision of the Act 676 and any consequential statutes, bye
laws and conventions thereof it is fraudulent for the 1st defendant to hold
himself out at GIMPA and to the public as a Professor of leadership at GIMPA. <o:p></o:p>c) An order
perpetually restraining the 1st defendant from holding himself or being held
out by the 2nd defendant as a Professor of leadership at GIMPA. <o:p></o:p>d) An order directed
at the 2nd defendant to declare the position of Rector of GIMPA vacant and take
the necessary steps to appoint a substantive Rector of GIMPA. <o:p></o:p>e) Cost including
lawyers fees”. <o:p></o:p>It
is not in dispute the 3rd defendant institution was governed by GIMPA Law 1993
PNDCL 318. This law has been repealed and we now have GIMPA Act 676 of 2004 as
the governing statute. The evidence is clear from the minutes of the Council,
Exhibit 1, that when the 1st defendant's contract expired he informed Council
of GIMPA at its meeting of the 30th June 2005. Council after deliberations
concluded that the 1st defendant should be appointed Acting Rector of GIMPA
with effect from the 1st of January 2005 until a new Rector was appointed.
Council at that meeting set up a Committee to collate information on the Rector
for the Council's consideration. The committee did submit its report and the
next meeting date of 8th July 2005, Members of Council decided that time be
given members to study the report in more detail. Then on the 14th of July 2005
Council gave approval for the renewal of 1st defendant's contract for a second
term with effect from 14th July 2005 until he retired at the age of 60 years on
14th December 2008. <o:p></o:p>Item
4.2 of the minutes of this meeting, Exhibit 3, provide:- <o:p></o:p>“The Council then
accepted the committee's recommendation and gave approval for the renewal of
the contract of Professor Stephen Adei for a second term with effect from 14th
July, 2005 until he retired at the age of 60 years on 14th December, 2008. <o:p></o:p>The Council thus
noted that by accepting the report of the committee the original condition
which stipulated “:subject to renewal for only two years” had been varied. <o:p></o:p>There
is nothing before me showing that the meeting of the 14th July, 2005 of the
Council was a meeting without full legal authority to appoint the 1st defendant
Rector as they did. The appointment of a Rector, and his terms and condition by
Section 22 of Act 676, is a prerogative of the Council. Unless there are any
other overriding statutes or conditions precedent to such appointment which
were</main>