A private legal practitioner, Professor Stephen Kwaku Asare, has told the Ghana Tertiary Education Commission (GTEC) to be cautious in the issue with the Vice-Chancellor of the University of Cape Coast (UCC).
GTEC has asked the Vice-Chancellor of the UCC, Professor Johnson Nyarko Boampong, to proceed on retirement, citing the compulsory retirement age of 60.
In a letter dated Friday, September 19, 2025, GTEC noted that Prof. Boampong has attained the retirement age of 60 years and his continued stay in office violates Article 199(1) of the 1992 Constitution, which stipulates that public officers must retire at age 60 unless otherwise provided.
“Sir, for your guidance, Article 199 (l) stipulates that a public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years.
“The Office of the Vice-Chancellor, being an office established under Section 7(1) of the University of Cape Coast Act, 1992 (PNDCL 278), is a public office under the meaning and intendment of Article 199(1). Hence, anyone acting in the office of the Vice-Chancellor is presumptively mandated to proceed on compulsory retirement upon attaining 60 years,” the letter stated.
GTEC also referenced the University of Cape Coast Statutes (2016), which set the Vice-Chancellor’s tenure at an initial four years, renewable for an additional three years, provided the statutory retirement age is not exceeded.
According to GTEC, the Pro-Vice Chancellor, Prof. Denis Worlanyo Aheto is to act as Vice-Chancellor per the Commission’s regulatory mandate enshrined in section 7 of the Education Regulatory Bodies Act (Act 1023).
The Commission noted that it is aware the matter is currently before the Cape Coast High Court and has therefore instructed the Chairman of the UCC Governing Council to hold on with the appointment of a substantive Vice-Chancellor until final determination of the case.
In a Facebook post on this matter titled “GTEC Must Tread Cautiously in the UCC Saga”, Prof Asare said that ” Here is where GTEC must tread cautiously. Yes, Article 199(1) fixes retirement at 60. But Article 199(4) provides exceptions, permitting post-retirement engagements of up to two years at a time, not exceeding five years, if service demands require it.
“Whether a VC’s renewal falls into that exception is precisely what the courts must decide. The court has said: ‘let the VC stay until we decide.’ GTEC is now saying: ‘leave now, we’ve decided.’
“Regulators cannot overrule judges. The wiser course for GTEC is to hold its horses and allow the High Court to finish its work.”
Read the full post here…
The Ghana Tertiary Education Commission (GTEC) has ordered Prof. Johnson Nyarko Boampong to vacate his office as Vice-Chancellor of the University of Cape Coast (UCC), citing Article 199(1) of the Constitution, which makes retirement at 60 compulsory for public officers.
On the surface, this looks straightforward. But the story is more complicated. Prof. Boampong was appointed VC in 2020 and reappointed in 2023, extending him beyond his 60th birthday in September 2025.
An alumnus challenged this renewal in court. The Cape Coast High Court first restrained the VC with an injunction, then dramatically reversed course by granting a stay of execution, allowing him to remain in office until the substantive case is determined.
Amidst this, the UCC Council Chairman sought to terminate his appointment. That move provoked resistance, with the University Teachers Association of Ghana (UTAG) branding it “unlawful and unilateral.” UTAG insisted the renewal followed due process and warned against destabilising the institution.
Here is where GTEC must tread cautiously. Yes, Article 199(1) fixes retirement at 60. But Article 199(4) provides exceptions, permitting post-retirement engagements of up to two years at a time, not exceeding five years, if service demands require it.
Whether a VC’s renewal falls into that exception is precisely what the courts must decide.
The court has said, “Let the VC stay until we decide.”
GTEC is now saying: “Leave now, we’ve decided.”
Regulators cannot overrule judges. The wiser course for GTEC is to hold its horses and allow the High Court to finish its work.
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