• Dr Anthony Yaw Baah, TUC General Secretary

Readers, about two months ago, a very concerned Labour Consultant and Member of the Ghana Association of Certified Mediators and Arbitrators, Mr Seth Abloso, wrote a detailed petition to the Secretary General of the Trades Union Congress of Ghana (TUC), reporting the criminal conduct of two “unfit” persons nominated by the TUC to represent Oganised Labour on the Boards of Trustees of the Social Security and National Insurance Trust (SSNIT) and the National Pensions Regulatory Authority (NPRA).

Indeed, the petition was titled:” Petition for the withdrawal of unfit persons as representatives of Oganised Labour on the Boards of Trustees of the Social Security and National Insurance Trust and the National Pensions Regulatory Authority.”

The petition was copied to: (a) Member Unions of Organised Labour (b) the Governor of the Bank of Ghana (c) the Managing Director of GCB Bank LLC (d) the Chief Labour Officer (e) the Director General – SSNIT (f) the Chief Executive Officer – NPRA (g) the Executive Secretary – Ghana Anti-Corruption Coalition (h) the Executive Director – Ghana Integrity Initiative and the two “unfit” persons.

The petition named the two “unfit” persons as John Senanu Amagashie, General Secretary of the Union of Industry, Commerce and Finance Workers (UNICOF) and Alex Nyarku-Opoku, who doubles as National Chairman of UNICOF and a Manager of the Burma Camp branch of GCB Bank LLC.  Mr Nyarku-Opoku is also the Chairman of the General Council of the TUC.

Mr Abloso’s petition to the TUC Secretary General was fully highlighted by this column in the May 21, 2022 edition of The Spectator, and readers may refer to it.

In simple language, the petition was asking the TUC to replace the two “unfit” TUC nominees on SSNIT and NPRA Boards with new nominees, who are fit to represent Organised Labour on the two Boards.

Deeply reflecting on the criminal charges characterising the two “unfit” persons in Mr Abloso’s petition to the leadership of the TUC, one would have expected an institution like the TUC, to have responded to the petition to redeem its “infested” image in the matter but it has still not done that.

Lawyers for the two “unfit” persons have, however, written to Mr Abloso, asking him to “retract” what they claim as “defamatory and libellous statements” against their clients, as contained in his petition, besides rendering an apology.

The letter from the law firm (Law Alert Group) representing the two “unfit” persons, dated 10th June, 2022, was signed by Charles Bawaduah Esq. The letter warned Mr  Abloso , stressing that within two weeks after the receipt of the letter, a legal action would be instituted against him if a “retraction” and an “apology” had not been rendered.

Having received the letter from the law firm on 22nd June 2022, Mr Abloso responded appropriately to it, re-affirming all the statements he made in his petition to the TUC leadership and further expatiated them.

Mr Abloso’s letter to the Law Alert Group, defending his statements on the two “unfit” persons makes very interesting reading.

His letter to the lawyers dated 30th June, 2022, emphatically stated: “The issues at stake are matters of public record and same have not been challenged in any way by Mr Alex Nyarku-Opoku and Mr John Senanu Amagashie and UNICOF.

“As matters stand now, Section 177(1) (c) of the Company Act, 2019 (ACT 992) remains relevant and indisputable.  The unfit persons need to withdraw, be withdrawn or be restrained from being part of the Management or Directorship of any Company, whether limited by shares or limited by guarantee.

“Alternatively, I invite your clients to a joint verification of the records within one (1) week upon receipt of this letter, which outcome should conclude this matter and I await their favourable response to the request for verification.

“My request for Organised Labour through the Secretary General of the TUC to cause the withdrawal of Mr Nyarku-Opoku and Mr Senanu Amagashie from the Board of Directors of NPRA and the Board of Trustees of SSNIT, as Organised Labour representatives is based on the decisions of the High Court and records of the Judicial Service of Ghana, which are matters in the public domain and are not a fabrication.

“Mr Nyarku-Opoku was found by the ruling of the National Labour Commission (NLC) of 2nd June, 2017, to have lied on oath. The High Court affirmed this decision on 24th June, 2019, which has been acknowledged by him, rendering it as self-confessed misconduct.

“This alone renders him unfit to hold a position in the Union of Industry, Commerce and Finance Workers (UNICOF) , let alone in the TUC ,  and how much more to serve on a Public Board?

“He,  together with Mr Amagashie, among others, were found by the NLC and the High Court decisions to have multiple breaches of the UNICOF  Constitution, including perpetuating administrative and adjudicative injustice, and by the same Constitution they were debarred from holding any elective office in the UNICOF , having accepted their guilt of breach of the Union’s Constitution, but defiantly and illegally staying on , despite cherished principle that nobody should benefit from breaching the law.

“So, how did they get into the structures of the TUC and get appointed as Board Member of NPRA and SSNIT, representing Organised Labour ?

“The TUC Secretary General knew or ought to have known that the said individuals were unfit and should not have entertained their nomination for consideration to the said Boards.

“In fact, the logical expectation was that upon receipt of my letter identifying them as unfit for purpose, Mr Nyarku-Opoku and Mr Senanu Amagashie should have resigned on their own accord to relieve the Secretary General  and Organised Labour of the burden of recalling them

“The loan facility with GCB Bank which enumerated their prowess in deceiving the Bank to obtain a loan was put in public domain when UNICOF instructed same to be filed at the High Court in suit No. MSIL/03/2019.

“In the said loan facility agreement signed by the two unfit persons, they submitted that there was no litigation or arbitration proceedings taking place,  pending or threatening against the UNICOF or its assets, which may have material adverse effect on its business, assets or financial position, knowing very well that this declaration is a blatant falsehood as Suit No. MSIL/03/2019, NLC vrs UNICOF was ongoing at the High Court, Accra.

“These pieces of information are public and verifiable. Your letter did not state the individuals had commenced or completed any processes to purge themselves of their unlawful conduct per the NLC ruling and their making false claims to obtain a loan on behalf of UNICOF from the GCB Bank.

“Mr Nyarku-Opoku and Mr Senanu Amagashie appear to be embroiled in another case bordering on fraud, which is also before the courts in Suit No. GJ/0226/2021.

“In this case, UNICOF under the supervision of the same individuals, has admitted to procuring , in other words, engineered the stealing of a GCB Bank customer’s Statement of Account, which wrong doing, according to the Bank, Mr Nyarku-Opoku has owned up being the one from whom UNICOF obtained the said stolen document. This is a criminal misconduct, which I cannot be convinced is befitting of a Board Member.

“However, by your letter Mr Nyarku-Opoku and Mr Senanu Amagashie are telling the people of Ghana, especially members,  contributors and beneficiaries of SSNIT and the Pensions Schemes as well as business community that despite their lead roles in the above  fraudulent incidents, they are fit to represent Organised Labour as Board Members of SSNIT and NPRA ?

“The leadership of Organised Labour and the TUC Secretary General’s silence and inaction in immediately withdrawing them from the Boards appear to be tacitly supporting and or covering up their misconduct and thereby tainting the image and credibility of the Boards.”

Readers, from Mr Abloso’s detailed response to the lawyers of the two “unfit” persons on the Boards of SSNIT and the NPRA;  is the TUC leadership still justified in pretending to be “deaf and dumb” over the whole issue ?

Contact email/ WhatsApp of author:

asmahfrankg@gmail.com (0505556179)

By G. Frank Asmah