Audio By Carbonatix
An Accra High Court has ruled that receiver of Unibank, Nii Amanor Dodoo breached portions of the Banks and Specialized Deposit taking Institutions Act,2016 (Act 930) when he accepted the said role.
The Court presided over by Justice Afi Agbanu Kudomor explained that he should not have accepted the appointment because it had been less than two years after Unibank’s official liquidation.
This is the ruling in a case filed by Mr Dodoo against the founder of the defunct bank, Dr Kwabena Duffour and nine others.
Lawyers for Dr Duffour had urged the court to dismiss the case since the receiver had breached statutory provisions in accepting the appointment and could therefore not issue any such writ in the name of the defunct Unibank.
Lawyers for Dr. Duffour explained that prior to the revocation of Unibank’s banking license by the Bank of Ghana, it was placed under Official Administration.
Mr Dodoo who worked with accounting firm KPMG served as the Official Administrator on behalf of KPMG.
The lawyers contended that the Banks and Specialized Deposit-taking Institutions Act,2016 (Act 930) prohibits persons who have acted as Official Administrators of a bank from accepting appointment as Receivers of the same bank until two years have elapsed.
The legal team that represented the defunct Unibank disagreed with the above legal position. They argued that Mr. Dodoo’s previous role as an official administrator was not in his personal capacity but rather official.
They insisted that the defunct Unibank was a separate legal entity from the Receiver, capable of suing and being sued.
They insisted that Act 930 does not disqualify a person appointed as official administrator from being appointed as Receiver of the same bank because that person was part of a team that played roles during the official liquidation of the same bank.
The court however noted that the said provisions seeks to prevent a conflict of interest situation. It stated that a partner of a firm is liable with the firm for its debts and obligations.
Mr Dodoo’s work as an Offical Administrator during his time at KPMG, the court noted, can, therefore, not be separated from his subsequent role.
The court, therefore, ruled that by accepting the appointment, he breached Act 930. It also ruled that he therefore lacks capacity to have issued the instant writ in the name of the defunct bank.
It, therefore, struck out the writ on the grounds of illegality in respect of Nii Amanor Dodoo’s acceptance of his appointment as receiver.
Latest Stories
-
7 dead, 18 injured in horrific Cape Coast–Takoradi highway collision
1 minute -
Northern Region fire service warns against prank calls after 67,200 fake emergencies in 2025
21 minutes -
GACL to engage domestic airlines to reduce flight prices – CEO
24 minutes -
How the Mahama Government vindicated Bawumia on the Ghana Card 6 times in a year
25 minutes -
6 Simple ways to protect your heart better in 2026
27 minutes -
Ken in ICE: Ofori-Atta’s legal team casts doubt on Embassy’s consular intentions
31 minutes -
Political scientist rejects Frimpong-Boateng’s claim that NPP is a ‘fake party’
35 minutes -
An open letter to President John Dramani Mahama on his first anniversary in office
43 minutes -
Estel Chemist Limited Honoured for Excellence in Customer Service at CENBA Africa Business Excellence Awards 2025
50 minutes -
I want to become a product manager in 2026, where do I start?
1 hour -
NaCCA recalls SHS Physical Education & Health teachers’ manual over gender controversy
1 hour -
Ladies should get employed before marriage – Counsellor Perfect
1 hour -
Parents of twin babies appeal for urgent help to save child with a critical heart defect
1 hour -
Ghana energy debt reset solidifies world bank trust and global credibility
2 hours -
U.S.-Ghana diplomatic standoff deepens over detention of former finance minister Ken Ofori-Atta
2 hours
