By Joyce Danso, GNA
Accra, Aug. 30, GNA – An Accra High Court will
on September 7, rule on an application, whether or not to stay proceedings
against Dr Dominic Obeng-Andoh, Chief Executive Officer of Obengfo Hospital in
Weija at an Accra Circuit Court.
The court presided over by Mr Justice Abdullah
Iddirsu, fixed the date for ruling after counsel for Dr Obeng-Andoh aka Obengfo
had moved a motion on notice to stay proceedings at the Circuit Court against
his client, on Thursday.
The State led by Mr Ashong Okine, a Senior
Attorney with the Attorney General’s Department opposed the motion in his
Dr Obeng-Andoh is before an Accra Circuit
Court for allegedly practicing without licence and operating an unlicensed
health facility without lawful authority. He has pleaded not guilty and is on
He is also being held at a District Court over
the murder of Ms Stacy Offei Darko, Deputy Chief Executive Officer of National
Youth Entrepreneurial Innovation Programme at the Presidency, who allegedly
died at his health facility following a cosmetic surgery.
Moving the motion on notice for stay of
proceedings, Nana Kofi Berkoe, who held the brief of Dr Maurice Ankrah, argued
that, the Ghana Medical and Dental Council (GMDC) was not mandated under the
law to close the facility on the basis that a medical doctor in charge of a
facility was operating without a license.
Nana Berkoe said the body mandated lawfully to
shut down a facility is the Health Facility Regulatory Agency, under Section 2
of Act 829 of the Health Institution and Facilities Act, 2009.
According to counsel for Obengfo, GMDC could
only close down a health facility on the suspicion that a medical doctor was
storing hazardous material in a facility.
Counsel further argued that the case pending
at the Circuit Court was in “Bad faith” because the complainant in the matter
is the GMDC and the council was aware of the suit at the High Court yet it went
ahead to lodge a complaint against Obengfo at the Circuit Court.
“My Lord the outcome of the suit before the
Circuit Court would be gravely pre-judicial to the proceedings at the High
court. This is because the standard of proof in the civil trial at the High
Court is on the preponderance of probabilities…. we will have to point to the
judgement of the circuit Court in case the applicant (Dr Obeng-Ando) is found
guilty,” he said.
Nana Berkoe contended that the Council has
only engaged in “foreign Shopping” and it sought to use the coercive powers of
the state against Obengfo.
“We pray the court to stop the unlawful
prosecution of the applicant in the interest of justice and fairness,” counsel
Mr Ashong Okine, a Senior Attorney with the
Attorney General Department, vehemently opposed to the motion saying that it
was “frivolous, baseless and unmeritorious”.
Mr Okine held that the two suits before the
court were mutually exclusive with distinct suit numbers, adding that, in
instances where the matters were the same, both suit could go concurrently.
According to him, the motion to stay proceeding
was also without any legal basis and same was not supported by any principle of
“It is clear that the case before the Circuit
Court is criminal whiles the other one before the High Court is a civil
litigation,” Mr Okine explained.
The Senior Attorney recounted that the matter
before the High Court was about the capacity of the GMDC and the one before the
Circuit Court was about the conduct of the accused person.
Obengfo has filed another motion praying for
the release of his passport. That motion is expected to be heard later.