The General Jurisdiction Court 13 presided over by His Lordship Joseph Adu-Owusu Agyeman has dismissed a petition by Oliver Vormawor pleading the court to dismiss a case brought against him by Honourable Albert Kan-Dapaah, Minister for National Security.
The Judge further awarded a 3,000 Ghana cedis cost against Oliver for wasting the Court’s time.
It would be recalled that Mr. Kan-Dapaah, on September 26, 2023, sued Oliver Vormarwor following Vormarwor’s allegations of bribery against him. Upon failing to submit his statement of defence, the Court on November 29, 2023 granted a request by the lawyers of Oliver seeking for an extension of the deadline to enable Oliver Submit his statement of defence. The case was subsequently adjourned to December 14, 2023.
However, on December 14, 2023, rather than submit the statement of Defence, the Counsels for Oliver moved a motion for the case brought against their client to be dismissed.
Advancing arguments based on who may bring an action on behalf of the State, whether a public officer who suffers a tort in the course of performing his functions could sue the state for remedy, whether the fact upon which the plaintiff grounds his claim were facts that happened entirely within the functions as a public officer; and evoking the principle of mutuality, the Counsel for Oliver, Justice Srem Sai stated that the nature of the claim in respect of which the plaintiff (Mr Kan-Dapaah) is suing were entirely things that happened during his performance as a Minister of State. He further argued in this regard that the Attorney General rather than Mr. Kan-Dapaah should have sued Oliver, his client. Against this backdrop, Counsel Srem Sai, on behalf Oliver, prayed the court to dismiss the suit.
The Judge, in giving his ruling, settled the argument on whether Mr Kan-Dapaah, in his capacity as a Minister, has the right to sue Oliver Vormawor without recourse to the Attorney General.
The Judge stated that there is a difference between the person of the Minister and the function of the Minister. The Judge further stated that the Court does not believe that when the integrity of the character of a Minister of State is injured, the Attorney General has to head to court to seek remedy on behalf of the Minister. The Judge emphasised that the Minister, on his own, has the right to purge himself of any allegations brought against him by an individual.
Against this backdrop, the Judge explicitly dismissed the motion by Oliver Vormarwor petitioning the court to dismiss the case brought against him by Mr. Kan-Dapaah.
The Judge further charged Oliver 3,000 Ghana cedis for wasting the time of the Court. The judge finally adjourned the case to January 9, 2023 and tasked Oliver Vormarwor to submit his statement of Defence.
