Documents intercepted from the High Court, Kumasi indicates that Komfo Anokye Teaching Hospital (KATH) was let down by its own lawyer when he represented the Hospital against Mr Elvis Kusi, the Director of Finance of the Hospital.
Mr Elvis Kusi who is the Director of Finance of Komfo Anokye Hospital was given an Appointment as Director of Finance on December 20, 2021 which was due to expire on June 30, 2024. Mr Kusi acknowledged and accepted the re-appointment by a letter dated January 19, 2022.
However on May 19, 2024, just one month before his re-appointment as the Director of Finance expired, he quickly filed a writ at the High court, Kumasi against Komfo Anokye Hospital (KATH) claiming that despite his re-appointment on December 20, 2021 which ended on June 30, 2024, his previous appointment dated May 6, 2010 still subsist and has not been revoked or terminated.
By a letter dated June 4, 2024, the Board Chairman, Nana Effah-Apenteng had directed the former CEO, Prof. Otchere Addai-Mensah to refer the suit to the Hospital Lawyer, Nana Fredua Agyeman Osborn ESQ to file an appearance and Defence and to defend the Motion for injunction that had been filed by Mr Elvis Kusi against the Hospital.
Despite a clear instruction from the Board Chairman to the Hospital Lawyer to file appearance and Defence as well as filing an opposition to the Motion for injunction against the Hospital, in a shocking revelation, documents intercepted from the High Court 6 Kumasi show that the lawyer, Nana Fredua Agyeman Osborn did not file any Affidavit in opposition to the Motion.
What is even more troubling is that on June 24, 2024, he, the lawyer personally attended the High Court and told the Court that he was not opposed to an injunction being granted against his own client, KATH, a Public Institution then under the Management led by Prof. Addai-Mensah.
Lawyers that were in the courtroom as well as the presiding Judge Kwasi Anokye Gyimah, appeared surprised that a lawyer engaged by a Public Institution would not defend an injunction application against the Institution. The court reluctantly granted the application against KATH.
Deep throat sources at the Hospital said that when the Hospital Board became aware of what had transpired in the High Court they quickly organized a Board meeting to sit on the matter but because the former CEO Prof. Addai-Mensah wanted to protect the Director of Finance as well as the Hospital Lawyer, he found a way to scuttle the meeting and the issue of the conduct of the Lawyer in the case of Elvis Kusi –v- Komfo Anokye Hospital was never put on the Board’s subsequent meeting Agenda.
The resulting effect is that Mr Elvis Kusi, whose Re-appointment as the Director of Finance at KATH ended on June 30, 2024 but still remains at post without any appointment letter and perpetuating an illegality. It is curious what the new inaugurated KATH Board is going to do about it.
