Day: June 12, 2023

An Accra High Court has ordered the Chief of Defence Staff (CDS) and the 37 Military Hospital to release an investigation report conducted on the death of one Solomon Asare-Kumah, a 48-year-old man, to his family.

The Court presided over by Justice Charles Ekow Baiden, a Justice of the Court of Appeal, sitting as an additional High Court judge, said the report should be released within 10 days.

The family of Solomon Asare-Kumah had sued the Hospital together with Col/Dr. G. A. O. Appiah, a Doctor at the facility, the CDS, and Attorney General demanding a GH2 million in damages for medical negligence leading to the death of Asare-Kumah.

The bereaved family contended that the death of Asare-Kumah at the Hospital in October 2019 was due to breach of contract and negligence by the Hospital and the doctor, Col. Dr Appiah, who took care of him.

Consequently, the family petitioned the CDS for an enquiry into the circumstances leading to the death of Asare-Kumah, but after the investigation, the report was not given to the family.

After suing the Hospital in damages and pending the determination of the case, the family through one Emmanuel Asare-Kumah, on October 21, 2022, filed an application for an order for discovery.

The plaintiff sought for ‘an order directed at the 2nd Defendant (CDS) to furnish plaintiff with the final Report of the Board of Inquiry held in respect of the death of Solomon Asare-Kumah and allegations of extortion against Col/Dr Appiah.’

The Plaintiff also sought ‘an order directed at the 3rd Defendant (37 Military Hospital) to furnish Plaintiff with the full and complete medical record of Solomon Asare-Kumah (deceased).’

Mr Justice Oteng, a Legal Officer at the Department of Legal Services at the Ghana Armed Forces General Headquarters, responding to the application opposed to the request, said the report was exclusively for internal use.

He said: ‘The 2nd Respondent is vehemently opposed to the request by the Applicant for the Report/Record of the Board of inquiry.’

He said the report of the board of inquiry was a restricted document meant for the exclusive internal use of the Ghana Armed Forces.

But the Court directed that the report or record of proceedings of the Board of Inquiry relating to the admission, treatment and death of the deceased, howsoever described by the AG, CDS and the Hospital, together with the medical records of the deceased shall be furnished to the Plaintiff within 10 days.

The 10 days order is expected to end today, Monday June 12, 2023.

Justice Baiden in his ruling, said ‘I take judicial notice and it is so proven that on or around January 2023, a summary report of Board of Inquiry into the alleged missing baby at the 37 Military Hospital maternity unit, which Board of Inquiry was convened by the Hospital was disclosed to an aggrieved couple in that matter.

‘I am of the humble view that the principles of accountability enshrined in the Preamble, Articles 23 and 296 of the 1992 Constitution frowns upon unbridled exercise of such wide discretionary power contained in Article 21.17.1 of AFR (Volume 1) C.I 12 which purports to oust the jurisdiction of the court,’ he said.

He said even if the Defendants had the discretion to not disclose a Board of Inquiry Report to the Plaintiff/ Applicant, such discretion must be exercised fairly, reasonably and not arbitrarily or in a biased manner.

‘Indeed, Article 17 of the 1992 Constitutions abhors discrimination against persons such as the Plaintiff/Applicant herein.’

The Judge said it had not been demonstrated to the Court that there was a reasonable justification for treating the Plaintiff/Applicant differently from the manner the couple had been treated.

He said the Defendants/Respondents had denied the existence of a contract.

If so, the Defendants/Respondents must be made to subject the dispute to the ordinary rules of negligence in tort, contract and the remedies available to a party who alleged violation.

He said in so far as the Defendants/Respondents engaged in commercial transactions, they must necessarily abide by the rules of engagement, including good faith obligations and the duty of care, among others.

‘The Defendants/Respondents ought not to be allowed to seek refuge elsewhere,’ he added.

He said for all the above reasons: ‘l am of the firm view that the Plaintiff/Applicant has shown reasonable cause for this Court to grant the order prayed for as the report relating to the death of the deceased is necessary to fairly dispose of the matter, pursuant to the overriding objective of Order 1rule 2of C.I. 47.’

The family contended that, ‘the Hospital and its employees failed to exercise due care when they wrongly inserted Solomon’s breathing tube under his skin thereby denying oxygen for a considerable amount of time and as such causing stain on his heart and other organs and thus causing his death.’

They, therefore, requested for a refund and an administrative enquiry into the claims as well as the allegations of breach of contract and negligence, but the Hospital refused to accede to the demand for investigations.

A petition was, therefore, lodged with the Medical and Dental Council, which took up the matter with the Military Command.

It said the Military Command subsequently commissioned a Board of Inquiry to look into the petition, where they were invited to give testimony as part of proceedings held by the Military Command, in March 2020.

‘Unfortunately, the Military Command, just like the Hospital has failed and or refused to communicate its findings or make available its report to the family, in spite of several demands by the family and plaintiff’s lawyer,’ they said.

Source: Ghana News Agency

Works are progressing satisfactorily after one year into the project of constructing a centralised sewerage system for Seychelles’ La Digue island, said the Public Utilities Corporation (PUC).

The plant comprises two main components – the installation of a sewer collection system along the western coast of La Digue and the construction of a sewage treatment plant at L’Union Estate.

“The first component of works, the sewer collection system, divided into two lots and awarded to Earth Development and Ascent projects respectively are well underway, both standing at 52 percent completion,” said PUC in a press statement last week.

The plant, to cover 95 percent of domestic wastewater generation on La Digue, was announced in 2018. It is being financed by the European Investment Bank (EIB), Agence Française de Développement (AFD) and PUC at a cost of $16 million.

This was planned to address environmental hazards caused by the lack of proper sanitation facilities on La Digue – Seychelles’ third-most populated island.

PUC said that within the next two months, Earth Development expects to complete outstanding pipe laying works, from La Passe to La Digue Supermarket, while Ascent Project aims to complete pending works from the island’s main helipad to Mutu shop.

Once completed, the facility will have the capacity to treat an average flow of 1,000 cubic metre per day. Green Island Construction Company (GICC) is currently undertaking site preparation in anticipation of construction work which is due to commence.

PUC recently launched the tender process for the supply of pre-fabricated sewerage pumping/lifting stations.

The second component of this project, the construction of the sewerage treatment plant at L’Union Estate was awarded to GICC earlier this year.

PUC representatives recently met with a group of concerned residents to clarify their doubts about establishing the plant at the designated location.

Source: Seychelles News Agency

Seychelles’ President Wavel Ramkalawan and First Lady Linda Ramkalawan received a ceremonial welcome in the Maldives on Monday, as part of ? state visit from June 11-14 undertaken on the invitation of Maldivian President, according to a joint press statement.

The visit is the first time a Seychellois head of state undertakes a state visit to the neigbouring island nation.

“The visit is a true reflection of the shared commitment of the two countries to take their relationship to new heights, as neighbours in the Indian Ocean, sharing similar historical, socio-economic, and cultural values and bonds,” said the statement.

The two presidents held talks with the aim of increasing their bilateral relations to “a strategic partnership,” said the statement.

During the official talks, the two leaders highlighted the importance of people-to-people contacts, and the need to promote cultural exchanges and economic linkages between the two countries.

They spoke about the need to exchange experiences in the field of tourism and discussed ways to “effectively address the detrimental effects of climate change through global mechanisms, including working together to ensure that the hard-won Loss and Damage Fund is operationalised at COP28,” as small island developing states (SIDS) that form part of the Alliance of Small Island States (AOSIS).

Among other topics of discussion were sustainable development, the Blue Economy, maritime security, fisheries, drug trafficking and the need for SIDS to continue to push for a multidimensional vulnerability index (MVI) in global financing structures.

Furthermore, “The two leaders agreed to enhance multilateral cooperation, including collaborating closely at the United Nations on issues of mutual interest such as addressing climate change, protection and promotion of human rights, the implementation of the 2030 Agenda for Sustainable Development. The two leaders also agreed to collaborate closely through other multilateral avenues such as IORA and the Organisation of African, Caribbean and Pacific States (OACPS). President Ramkalawan congratulated the Maldives on its membership to the OACPS as well as its Presidency of the 76th Session of the United Nations General Assembly for the period September 2021 to September 2022.”

Following their discussions, the two leaders witnessed the exchange of the bilateral agreements, namely the agreement on a short stay visa waiver, an air services agreement, a memorandum of understanding for youth development cooperation and a protocol for cooperation to combat transnational organised crime and other maritime and safety threats.

Source: Seychelles News Agency