The Fast Track High Court has restrained the Minister of Health from choosing or nominating any person other than the nominee of the Ghana Medical Association (GMA) onto the College of Physicians and Surgeons Council. The court also declared as illegal the action of the minister to nominate the chairperson of the Medical and Dental Council as a representative of the medical and dental profession on the College of Physicians and Surgeons Council. Presided over by Mr Justice K.A. Ofori-Atta, the court gave its ruling in a case in which the GMA had applied for a judicial review of the minister's nomination. The facts of the case were that the Ministry of Health, by a letter to the GMA dated April 6, 2009, requested the nomination of a member to be appointed by the President to the council of the college. In response, the GMA nominated one of its members, Dr Kofi Ahmed, to be appointed by the President as its representative on the council. Disregarding the nomination, the minister appointed the chairperson of the Medical and Dental Council to fill the single slot on the council of the college. Subsequently, the GMA wrote and asked the minister to review his decision and upon his neglect or refusal, it sought a judicial review of the minister's action, seeking an order to annul the minister's appointment to the council of the college and a restraining order on him from appointing any other person other than a representative of the GMA. In its ruling, the court said by purporting to nominate a person other than the nominee of the applicant, the minister had acted ultra vires, adding that the minister assumed a power he did not have. In reaching the decision, the court said in seeking for a judicial review, the GMA sought for the legality of an administrative action and not the merits of the action. According to the court, Act 635 that established the College of Physicians and Surgeons provided for a representative of the medical and dental profession in Section 5(1) (g), while stipulating appointment to the council by the President, acting in consultation with the Council of State. It said a representative, as defined by the Black's Law Dictionary 8th Edition 2007, was someone who "stands for or acts on behalf of another." It, therefore, queried the action of the minister, asking whether the minister's nominee would represent the minister himself on the council of the college and who he would be accountable to. "In such a case, who would he be representing on the council if he was chosen or nominated by the minister?" it demanded to know. It emphasised that the provision in the act was for a representative of the Medical and Dental Council and not a representative of the minister. No costs were awarded. Source: Daily Graphic