Wereko-Brobby's Application Dismissed

By William Yaw Owusu

Wednesday, 07 February 2007
A Fast Track High Court in Accra yesterday struck out an application for summary judgment filed by Dr. Charles Wereko-Brobby in the case in which he is demanding payment of ¢2.2 billion, being his entitlements from the Volta River Authority (VRA).

The court, presided over by Justice Paul Baffoe Bonnie, said it had decided to strike out the application because of certain issues raised in the statement of defence filed by the VRA.

"The issues raised were so important that we need to go into evidence," the court said.

As a result, Dr. Brobby will have to respond to VRA’s statement of defence for a new date to be fixed to enable full trial to commence.

Before the court took the decision, Mr. Akoto Ampaw, counsel for Dr. Wereko-Brobby intended moving the application but Mr. Francis Kwame Yeboah, representing the VRA, raised a preliminary objection saying: "The plaintiff’s affidavit in support does not conform to the strict rules of the court as Order 20 Rule 4 (2) states."

Justice Baffoe-Bonnie, however, did not take into account the arguments of both counsel before striking out the application and urged the parties to explore the avenues of an out-of-court settlement.

Apart from the ¢2.2 billion, Dr. Wereko-Brobby is also asking for interest on the sum from April 2004 and also an order by the court to the VRA to transfer to him ownership of a Volvo saloon car, which was officially assigned to him when he was appointed Chief Executive of the Authority.

In his statement of claim, Dr. Wereko-Brobby said he "got separated" from the VRA on September 17, 2003, but it took the Authority a considerable time amid demands from him before it the authority eventually wrote to him of his on April 1, 2004 to formally notify him of his separation entitlements.

He said in that letter, a cash equivalent of 43 days earned leave up to the time of the resignation, totalling ¢61 million, six months salary in the sum of ¢187 million, gratuity of five years salary of ¢1.8 billion, the cedi equivalent of fuel allocation from March 31, 2004, and transfer of ownership of the saloon car which is in his possession were discussed.

The VRA, he further argued in its letter of April 1, 2004, agreed to pay 70 per cent of the entitlements by mid April, 2004 and the rest when he vacated its premises on or before the end of May, the same year.

He contended that because the authority could not pay the entitlements as agreed, he could also not vacate the premises on the agreed date.

Dr. Wereko-Brobby also averred that the delay in the payment persisted into 2005, when he decided to vacate the premises but the authority had not honoured its obligation and unless compelled by the court, it will not pay him his entitlements.

Dr Wereko-Brobby was appointed Chief Executive Officer of the Authority on August 24, 2001. He officially assumed office in September that year but resigned on September 17, 2003.