Accra High Court Sets Deadline for Banker Ernest Kwasi Nimako’s Response in Sexual Harassment Case
The High Court in Accra has instructed banker Ernest Kwasi Nimako to submit his written arguments within seven days as part of his application to dismiss former National Service Person Deborah Sayram Adablah’s sexual harassment case. Filed on May 17, 2023, the motion primarily seeks the court’s dismissal of the case initiated by Adablah, who has alleged sexual harassment, among other claims.
In January of this year, Adablah brought a lawsuit against Mr. Nimako, who was then the Chief Finance Officer (CFO) of First Atlantic Bank. However, on July 21, 2023, the bank’s name was cleared and removed from the lawsuit by the court, with no wrongdoing found following a counter-application by the bank’s lawyers. This left Mr. Nimako as the sole defendant in the case.
The court also imposed a cost of GHc6,000 against Adablah, the plaintiff, and a disputed vehicle was surrendered upon the court’s order.
In the court session on Monday, October 16, 2023, lawyers representing Kwasi Nimako submitted that there were three pending applications on the court’s docket, but they had agreed with the opposing party that the application to dismiss the case should take precedence.
Counsel for Deborah Sayram Adablah, the respondent in the application and the plaintiff in the main lawsuit, echoed the banker’s counsel’s statements.
Justice John Bosco Nabarese, now presiding over the case following the transfer of the previous judge, Her Ladyship Justice Olivia Obeng Owusu, provided timelines for the parties. The court instructed Ernest Nimako to file his written submissions by October 23, and lawyers for the former NSS person to respond within seven days of service. Justice Nabarese emphasized that no excuses regarding the timeline for filing written submissions would be accepted.
The case is adjourned to October 31 to schedule a date for the ruling. Both Ernest Nimako and Deborah Sayram Adablah were present. Two other pending applications include a Contempt case filed on June 6 and another from the Plaintiff challenging court orders related to the surrender of the disputed vehicle, filed on June 16.
The plaintiff argued that despite assurances from the first defendant, Mr. Nimako, to leave the bank and refrain from taking on any contracts, he also made commitments and guarantees to her. These commitments included:
- Providing a lump sum of working capital to start a business.
- Covering her accommodation/rent for three years.
- Purchasing a car for her.
- Paying her GHc3,000.00 per month.
- Buying the plaintiff a ring.
- Covering her medical expenses and other bills, including expenses related to her family planning treatment to prevent short-term childbirth.
She further alleged that Mr. Nimako had promised to marry her, as their relationship developed in the context of his challenged marriage with his wife, marked by irreconcilable differences and a broken-down marriage beyond repair or reconciliation.
The Plaintiff per her claims is seeking the follows reliefs;
a) An order that the 1s defendant transfers title of car No. GC -7899-21 into the name of the plaintiff and or an order directed at DVLA to Register the Car No.GC-7899-21 into the name of the Plaintiff as the owner.
b) A refund of cost of repairs of Ghc10,000.00 which 1s Defendant promised to refund to the plaintiff but failed.
c) An order that the Defendants pay to the Plaintiff the following:
(i) 1st Defendant pays lump sum money to the plaintiff to enable the plaintiff start a business to take care of herself as agreed by the plaintiff and the 1st Defendant.
(ii) 1st Defendant pays the remaining two (2) years rent for Plaintiff’s accommodation or to pay same amount for the remaining two (2) years at the same rate at an alternative accommodation.
(iii) 1st Defendant to pay the outstanding arrears of Plaintiff’s monthly allowance from July 2022 to the date of Judgment and pay all medical expenses as a result of the side effects of the Family Planning treatment.
(iv) General damages against the Defendants.
(d) Any other reliefs) the Court deems necessary including legal cost.