- Advertisement -
KNUST, UG VCs to vacate posts for illegally occupying offices
A private citizen, Mr Robert Ishmael Aggrey-Fynn Amissah, and others, have served noticed to the Vice-Chancellors of the University of Ghana and the Kwame Nkrumah University of Science and Technology (KNUST) to vacate their posts because they are occupying those offices illegally.
Mr Amissah and the other “spirited Ghanaians”, acting through their solicitor, argue that a High Court ruling in Winneba, where the court declared that the extension of the mandate of the Governing Council of the University of Education, Winneba (UEW) by the Minister of Education to stay in office to perform such function as properly appointed council was in breach of section 8 of [the University of Winneba Act] Act 672, applies to all public universities.
The court further declared that no authority or institution of state has any power to extend the tenure of a member of the Governing Council of any university unless such extension is in accordance with Act 672.
Mr Amissah believes the High Court ruling is applicable to all VC’s of public universities occupying their position from 7 January 2013 to the date when a new council was inaugurated and, so, wants the Vice Chancellors of the University of Ghana and KNUST to vacate their post because their appointments fall within the parameters of the ruling of the High Court.
Mr Amissah and the other citizens also want the revocation of all relevant decisions of the University Councils made between the time period which include the award of degrees to students, appointments and promotions of lecturers and other senior members, and the award of contracts.
Below are copies of the letters.
VACATION OF POST AS VICE CHANCELLOR OF UNIVERSITY OF GHANA
I act as Solicitor for Mr. Robert Ishmael Aggrey-Fynn Amissah and several other public spirited Ghanaians (“my clients”), who have instructed me to write to you in respect of the above matter.
My attention has been drawn to the ruling of the High Court, Winneba, presided over by His Lordship Justice George Atto Mills-Graves in the case of Supi Kofi Kwayera v University of Education, Winneba and Minister of Education (Suit No. E12/30/18), in which the said High Court sitting on the 2nd day of May 2018 held as follows:
a. “It is hereby declared by the Court, that the extension of the mandate of the Governing Council of the 1st Defendant [University of Education, Winneba] by the 2nd Defendant [Minister of Education] to stay in office to perform such function as properly appointed council was in breach of section 8 of [the University of Winneba Act] Act 672.”
b. “It is further declared that no authority or any institution of State has any power to extend the tenure of a member of the Governing Council of the 1st Defendant unless such extension is in accordance with Act 672.”
c. “It is also declared that, all appointments made by the defunct Governing Council which constituted themselves as the Governing Council of the 1st Defendant by virtue of the directives of the 2nd Defendant are null and void and of no legal effect.”
d. “Again it is declared that all decisions taken by the defunct body of persons who constituted themselves as Governing Council is null and void and of no legal effect.”
Sir, given that your appointment as Vice-Chancellor of the University of Ghana falls within the parameters of the ruling of the High Court by virtue of section 13 of the University of Ghana Act, 2010 (Act 806), I have been instructed to demand that you vacate your post as Vice-Chancellor of the University of Ghana with immediate effect.
Given that your continuous stay in office constitutes a patent illegality, according to the judgment of the High Court, Winneba, should you, within three (3) days of receipt of this letter fail or refuse to comply with the above demand, we will use other lawful avenues to vindicate the rights of our clients without further notice to you.
Read Also:University of Ghana wins 2018 Universities, Polytechnics and Colleges (UPAC) Basketball Championship
In the public interest, and in accordance with the terms of the judgment of the High Court, Winneba, please be kind enough to include in your handing over notes, and for the attention and action of your successor, that our clients are further requesting the revocation of all relevant decisions of the University Council made between 7th January 2013 and the date when a new council was inaugurated for the University of Ghana. These decisions include the award of degrees to students, appointments and promotions of lecturers and other senior members, and the award of contracts.
By copy of this letter, the Minister of Education, the National Council for Tertiary Education (NCTE), and all public universities that were in existence on 7th January 2013, are hereby notified, and notice is hereby given, that all decisions of the kind noted in the immediately preceding paragraph, taken by their Governing Councils, and which are affected by the judgment of His Lordship Justice George Atta Mills-Graves in the case of Supi Kofi Kwayera v University of Education, Winneba and Minister of Education (Suit No. E12/30/18), and covering the period after midnight the 6th of January 2013, until new University Councils were set up for each of them, are invalidated by the said judgment and so urgent and immediate steps be taken to undo the practical effects of those decisions. This means that all degrees awarded during the period, all appointments and promotions effected during that period, and all contracts awarded during that period, must be reversed forthwith.
Finally, in the event that notice is required for the institution of any legal proceedings against you or any recipient of this letter in respect of the claims in this letter, this letter shall constitute such notice.