A-G stopped from representing Director of Nation Blood Service

Justice Kyei Bafour, a High Court judge has stopped the Attorney-General from defending Dr. Justina Ansah, the Director of National Blood Service, who is sued for alleging that her official driver, Mr. Edward Ghunney tested HIV positive.

The judge, in his ruling yesterday, held that the A-G had no locus to provide legal services to the defendants because she was sued in her personal capacity and not the boss of the Blood Service.

Justice Baffour dismissed the argument of the A-G and described the conduct of the government legal adviser as “behaving like a busy body”.

“It is my view that the defendant has been sued in her personal capacity for what the plaintiff deemed as a tortuous liability and the presence of the Attorney General in entering conditional appearance could be resisted by the court. The presence of the A-G as a nominal defendant is tantamount to behaving like a busy body. Their appearance is not being recognised. The subsequent motion is strike out, the writ would obviously be defective. The motion is accordingly dismissed and appearance struck out as improper,” he said.

Principal State Attorney, Mrs. Delphina Yirenkyi who had been representing Dr. Ansah posited that the Attorney General per the provisions of article 88 of the 1992 Constitution had the legitimate responsibility to represent Dr. Ansah as they have done in the past for heads of government institutions in all civil matters.

She said the writ of summons filed against the defendant is defective because the license number of the lawyer for Mr. Ghunney was not indicated on the writ.

The Principal State Attorney insisted that A-G is the rightful person to defend Dr. Ansah because the pleadings of the plaintiff are allegations against the defendant in her official capacity.

In opposing the motion by the A-G that the plaintiff’s application was defective and void, lawyer for the applicant Nii Bii Ayi Bonte said he attached his practising certificate to the affidavit in opposition, explaining that the argument by the state attorney that the solicitor’s number was not provided on the writ cannot stand.

He reminded the court that the Director of Blood Service was sued in her personal capacity and said the only reason the Blood Service was attached to the writ was to enable the bailiff to locate the defendant.

He said the personal tortuous action of an individual should not be tolerated under the umbrella of the A-G “just so to avoid justice”.

He further stated that if the conditional appearance is not filed within a stipulated time, it should be treated as unconditional appearance.

Mr. Ghunney ,an employee of the Ministry of Health, now with the Disease and Surveillance Department is demanding a GH¢200,000  compensation from his former boss and a letter of apology posted on the notice board because all the allegations leveled against him were false.

By Malik Sullemana    

 

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