An Accra High Court (Criminal Court Two) has dismissed a suit filed by Dr Dominic Kwame Obeng- Andoh, aka, Dr Obengfo, challenging the Health Facilities Regulatory Authority (HEFRA) for shutting down his health facility.
Dr Obeng-Andoh contended that HEFRA lacked the capacity to shut down the Advanced Body Sculpt Centre located at Weija junction in Accra.
He sought an order of the court compelling HEFRA to issue him license so he could operate his health facility through a writ of mandamus.
HEFRA, however, deposed Dr Obengfo’s assertion.
The Court held that Dr Obengfo did not act timeously and that HEFRA acted within its mandate by shutting down the facility operating without license.
Speaking to the GNA in Accra via phone, Dr Philp A. Barnor, Registrar of HEFRA, said the Court’s decision was a victory for HEFRA and that it acted within the mandate of the law by shutting down Dr Obengfo’s health facility.
According to Dr Barnor, HEFRA’s action was based on Act 829 of the Health Facilities and Institutions Act of 2011.
Dr Barnor appealed to the Office of the Attorney General and the Criminal Investigations Department of the Ghana Police Service to expedite action in a substantive case, which led to the death of one person at Dr Obengfo’s facility.
The Registrar of HEFRA, said the judgment of the Court should serve as a notice to all health facilities.
“No one is beyond the limit of the law irrespective of where you work,” he added.
The Health Institutions and Facilities Act 2011, (Act 829), empowers HEFRA to shut down any health facility, which is not licensed by it or does not meet standards established by Act 829.
On January 29, this year, HEFRA clamped down on activities of health facilities operating without license in Accra and Kumasi.
During the operation, Dr Obengfo’s Advanced Body Sculpt Centre located at Weija Junction in Accra was closed by HEFRA.
Dr Obengfo challenged the closure of his facility at the court.
In January 2017, the Medical and Dental Council (MDC) also closed down Obengfo Hospital for operating illegally, and in 2019, it cautioned the public to desist from patronising services of the facility.