The Attorney General has asked for time to file its response in respect of a case brought against the National Service Scheme (NSS) by a dismissed staff, with the AG as a party.
According to Afua Abam who represented the AG in court, the department was yet to file its affidavit in opposition to the action.
She explained that the AG is also a nominal defendant who has to be briefed more by the NSS.
The court, presided over by Justice Gifty Dekyem, adjourned the case until April 5, 2017 to enable the AG file the document.
Afetsi Edwin Kwashie, former New Juaben District Director of the Scheme, has dragged the NSS before the court over his dismissal.
He wants the court to order his reinstatement and declare that as a member of the public service of Ghana, the NSS lacks the authority to remove him (plaintiff) from office without just cause.
He said, “I vehemently deny that my engagement did not follow due process and in any event, it smacks of grave injustice for the alleged sins of the Scheme in not following due process (which is denied) to be visited on innocent Ghanaians, including myself who had no knowledge of any non-compliance with procedures governing recruitment into the public sector.”
Dr. Abdul Basit Bamba, lawyer for the plaintiff, in an affidavit in support of the motion, also seeks a further order restraining the NSS from removing the plaintiff from office without just cause.
He stated that following an advertisement in the Daily Graphic of 10th October, 2016, Afetsi applied for employment with the Scheme and subsequently attended an interview on 8th November, 2016 conducted by Zormelo & Associates and received a letter dated 12th December, 2016 offering him permanent employment with the Scheme.
Dr. Bamba said by a letter dated 15 December 2016, Afesi was accepted for engagement with the Scheme and commenced work at his station in the New Juaben District of the Eastern Region as the District Director.
Afetsi said he carried on the duties of his office without any complaints from the Scheme, adding that by a letter dated 13th February, 2017, headed “Withdrawal of Appointment Letter” and signed by the Ag. Regional Director of the Scheme in the Eastern Region, his appointment was withdrawn with immediate effect.
“That by the clear and unambiguous provisions of Article 191(b) or the 1992 Constitution, the circumstances of my removal from office as an employee of’ the Scheme do not amount to a just cause and therefore my removal from office is illegal, unconstitutional and null and void.”
Afetsi indicated that the withdrawal of his appointment violates his legal and constitutional rights as a member of the public service of Ghana pursuant to Article 191 of the 1992 Constitution.
By Jeffrey De-Graft Johnson
