Home Universities Court throws out application challenging powers of UEW VC over Pro-VC nominations

Court throws out application challenging powers of UEW VC over Pro-VC nominations

The Winneba High Court on Monday threw out an application seeking to injunct and quash the decision of the Vice-Chancellor of the University of Education, Winneba from nominating three persons for the Pro-Chancellor position of the university.

The applicant, Dr. Kaakyire Frimpong Duku who is also the President of the UEW’s University Teachers Association of Ghana (UTAG), went to court to challenge the powers of the VC from appointing three persons to go into the contest of the Pro-Vice-Chancellor position.

The election that was scheduled for June 13, 2019 had to be postponed due to the application before the court.

JoyNews correspondent, Richard Kwadwo Nyarko reports that the applicant’s position was that, the decision of the Management of the University, permitting the Vice-Chancellor to nominate candidates for Pro-Vice-Chancellor’s election, was against the UEW statutes.

The same he argues, is not categorically stated in the statutes therefore, seeking certiorari to quash the administrative decision and injunction to stop the practice was in order.

Counsel for the respondents, Paa Kwesi Abaidoo, argued that what the applicant is complaining of is a custom in the University right from its inception which has crystallised into usage, practice and a convention.

Check This Out:Teacher Uses Stones to teach Computing in a Ghanaian Public School (VIDEO)

“Although it is not categorically stated in the statutes of the university, it has the force of law because it has become a convention.

“The position of the Applicant that nomination of persons to Pro-Vice-Chancellor is not limited to only Professors is flawed because the same UEW statues mentioned that in the absence of the Vice-Chancellor it is the Pro-Vice-Chancellor who acts,” he stated.

The law states categorically clear that only a Professor qualifies for the position of a Pro-Vice-Chancellor and thus if the Pro-Vice-Chancellor is not a Professor, how can he step into the shoes of the office of the Vice-Chancellor, he argued further.

Check This Out:JUST IN: NaCCA ‘fights’ author of SHS Social Studies Textbook over ‘Homosexuality Content’

Delivering her ruling before a packed court at the Winneba High Court on Monday, November 18, Justice Janapare Bartels explained the university is not an adjudicating body or a quasi-judicial body to be governed by the prerogative writs.

“Article 12 of the 1992 constitution is clear in its tenets of pitching the prerogative writ only against judicial or quasi-judicial bodies. It must also be noted that order 55 of CI 47 only states the procedure by which one can come to court.

“Therefore, when one’s grievances do not fall under article 12, same cannot be cured by order 55 of CI 47,” she read.

She added, “the laws of Ghana give special attention to administrative decisions especially regarding public institutions and it is for this reason that order 55 of CI 47 makes provision for the use of administrative orders such as certiorari, mandamus, quo-warranto, habeas corpus, Prohibition and injunction.”

The University’s legal team prayed the court to award a cost of GH?30,000 against the applicant but the court rather awarded GH?5,000 against the applicant.

Counsel for the applicant, Alex Afenyo Markin, was not in court.


Discover more from EducationGhana

Subscribe to get the latest posts sent to your email.

Previous articleUGBS lecturer reiterates need for industry to work hand in hand with academia
Next articleOur Lady of Fatima School closed down to avert H3N2 flu infection
Ellis Ferdinand is a Journalist, Blogger and Founder of Ellis Multimedia, a parent company of EducationGhana.org, an Online Education News Blog, PoliticsGhana.com and GhanaNaija.net. Ellis Ferdinand is a Graduate of Accra College of Education and the University of Cape Coast, where he obtained a Diploma In Basic Education and a Bachelor of Education in Accounting. He is currently Reading his Master of Philosophy in Curriculum and Pedagogic Studies at the University of Education, Winneba in Ghana. Ellis Ferdinand won Blogger of the Year at the 2018 National Students’ Awards and was also adjudged 14th Best Ghanain Blogger in 2018 among the Top 50 Ghanaian Bloggers of 2018. He introduced the Concept of Education Blogging in Ghana in 2014 with his famous blog EducationGhana.net. now EducationGhana.org His Blog won Best Media Promoting Education in 2017, 2018 and 2019 respectively, an Award organized by Neogenics Education Consult. In 2019, He adjudged the Most Promising West African Blogger of the Year in Nigeria. He won Writer of the Year at the 2021 EDUCOM AWARDS

NO COMMENTS

What's your take on this Latest Development?Cancel reply

Discover more from EducationGhana

Subscribe now to keep reading and get access to the full archive.

Continue reading

Exit mobile version