Ghana: GNPC CEO Dragged To Supreme Court Over Retirement Age

Ghana’s Supreme Court is expected to hear a case challenging the capacity of the Chief Executive of Ghana’s national oil company, GNPC, Dr. Kofi Kodua Sarpong to stay in office.

According to a writ filed by Eric Edem Agbana, the apex court should to declare that the Chief Executive’s continuous stay in office breaches Article 199(1) and (4) of the 1992 constitution.

Article 199 (1) states that: “A public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years”

Article 199 (4) states that: “The President may, subject to such conditions as he thinks fit delegate some of his functions under this article by directions in writing to the Police Council or to a committee or to a member of the Council”.

The plaintiff is, therefore, seeking reliefs which include an order for the GNPC boss to resign immediately from his position and also cough up all salaries allowances and benefits he obtained from the Ghana National Petroleum Corporation from the date of attaining the age of sixty – five years to date.

Dr K.K Sarpong was appointed CEO in February 2017. He is a Chartered Accountant with over thirty years’ experience at senior management level in over eight (8) companies. 

He has served on the Boards of twenty-one (21) different companies and organizations.

Below is the writ

IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT ACCRA

AD 2019 WRIT INVOKING THE ORIGINAL JURISDICTION OF THE COURT SUIT NO.BETWEEN ERIC EDEM AGBANA

H/NO. 8, PAWPAW STREETEAST LEGON, ACCRA

V.DR. KOFI KODUA SARPONG

GNPC, PETROLEUM HOUSE, TEMA, ACCRA.

IN THE NAME OF THE REPUBLIC,

You are hereby commanded within fourteen days after service on you of the Plaintiff’s Statement of case, inclusive of the day of service to file or cause to be filed for you, the Defendant’s statement of case in an action at the suit of:

ERIC EDEM AGBANA

The nature of the reliefs sought are as follows:

1.A declaration that the Defendant’s continuous stay in office as Chief Executive Officer of Ghana National Petroleum Corporation after attaining the age of sixty five years is in breach of Article 199(1) and (4) of the 1992 constitution

2. An order for the Defendant to pay back to the Ghana National Petroleum Corporation all salaries, allowances and benefits he obtained from the Ghana National Petroleum Corporation from the date of attaining the age of sixty five years to date.
3. An order for the Defendant to resign immediately from his position as CEO of Ghana National Petroleum Corporation.
4. Any other order(s) or direction(s) as the Court deems appropriate to make to give effect to the declarations made herein, pursuant to Article 2(2) of the 1992 constitution.

The capacity in which the Plaintiffs bring the action is as follows:

The Plaintiff brings this action as a citizen of the Republic of Ghana.

 The address for service of the Plaintiff is as follows:

H/NO. 8, PAWPAW STREET EAST LEGON, ACCRA.

The address for service of Counsel for Plaintiff is as follows:

No. 34 Tema Motorway, Spintex Road Next to Cemix Ghana Limited Accra.

 The name and address of the person affected by this Writ is as follows:

1. KOFI KODUA SARPONG

GNPC, PETROLEUM HOUSE, TEMA, ACCRA.

DATED AT ACCRA THIS 17^TH DAY OF OCTOBER, 2019.

Nii  Kpakpo Samoa Addo Solicitor for the Plaintiff Licence Number: 20541/19

The Registrar Supreme Court Accra.

 And for service on the above named Defendant

1. KOFI KODUA SARPONG

GNPC, PETROLEUM HOUSE, TEMA, ACCRA