An Accra High Court has dismissed a suit challenging the appointment of Rev. Father Professor Anthony Afful-Broni as the substantive Vice Chancellor of the University of Education, Winneba (UEW).
The case brought before it by Prof. Raymond Atuguba was seeking the court to grant an injunction against the induction of the new VC Anthony Afful-Broni until a suit brought against the university challenging the removal of Prof. Mawutor Avoke and four others is determined by a Winneba High Court.
But a Labour Division of the Accra High Court in its ruling dismissed the injunction application saying it was borne out of bad faith and wrong procedure.
The court in its ruling held that it does not have the jurisdiction to grant the application and the relief being sought by Prof. Atuguba and therefore dismissed it.
Background
The Winneba High Court in July last year granted an interlocutory application to restrain then Vice Chancellor of University of Education Winneba, Prof. Mawutor Avokeh and Finance Officer of the University, from holding office until a case brought against them was determined.
This followed a suit by a private citizen, Kofi Kwayera against UEW and the Education Ministry for what he said was the unlawful extension of the school’s Governing Council’s tenure.
The Pro-Vice-Chancellor of the University, Very Rev. Fr. Prof. Anthony Afful-Broni, was to act in place of these two officers.
Among the reliefs sought by the plaintiff includes a declaration that the extension of the mandate of the Governing Council of the 1st Respondent by the 2nd respondent to stay in office to perform such functions as a properly appointed council was in breach of Section 8 Act 672.
A declaration that all decisions taken by the de-facto body of persons who constituted themselves as Governing Council is null and void and of no effect.
The outcome of the case was yet to be determined but Rev. Fr. Prof. Anthony Afful-Broni has been inducted as the substantive Vice Chancellor of the UEW.
Prof Atuguba’s firm, which is the legal advisor of Prof. Avorke subsequently, went before an Accra High Court with the suit seeking an injunction against the induction of Rev. Fr. Prof. Anthony Afful-Broni as the substantive Vice Chancellor.
The investiture was held on Monday amidst fanfare with President Akufo-Addo in attendance.
President Akufo-Addo implored the new Vice Chancellor Professor Afful-Broni to “use his full gifts” to promote the spirit of reconciliation in the university during his tenure so as to help put its immediate troubles behind all.
According to President Akufo-Addo, “It represents the surest route to success in the daunting task ahead.”
Source: Daily Guide
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Kofi or whatever you call yourself I think it will be better for you to advise that idi*t Atuguba to go the African court that's where ndc know best, but for Ghana judiciary nons*nse will not be tolerated. You ndc koraa what is wrong with you, do you think your aggression will help you? you joking ! ndc will stay in opposition till thy kingdom come, and don't expect your nons*nse to be tolerated by the courts of this land. A chief of Winneba took up that case to the court and he won, it's no business of the president so,you people should stop your tribal ***barred word*** and convince Ghanaians especially those who voted massively against you from the 6 regions with 5 being Akans and see if between the 2 parties which one if free and fair elections are held will win. Anytime, that ndc win elections in Ghana these regions complain we didn't vote for them but they rigged so in 2016 every Tom,Dan (Di**ck) and Harry vowed to be vigilant and take their own destiny into their hands to vote ndc out and what's your problem? 2020, the same dose will repeat itself, somebody tell these mahama possessed madn**ness their idol and their party will never come back to power, and Ghanaians will never forgive this government if they lose guard for the ndc to win in future. We don't need ndc for anything ! if they really have the numbers let them win 2020 and we will give the country as a gift to them. Kai! They can shout their lungs out,they can portray this government as corrupt like them, Ghanaians know and understand their money is being used for a good course, not ending up in others pockets. Ndc think everything is easy for them because after ste*aling from the state nothing has happened, hahahaha! laughable, when idi*ts see the eye of a crab they think it's a stick! ndc thought they had covered the traces of their ***barred word***, never did it occurred to them a forensic auditing could expose them and more of that is coming, thank God the white man has a device which can detect lies, and the white man has a device which can detect even the most cover up crime! hahahaha! 3bob? ba! just keep your fingers crossed, tyme kuchuuuu!let them shout their lungs out, for in a little while the 2000 capacity prison in the Nsawam medium prisons will be ready! Ghanaians can't afford to hear our courts declaring out of congestion in our prisons these organised kriminals can't be sent to prison but given communal labour! if things are not done right Ghanaians will never forgive this government and they've promised to do whatever agreement they signed with the good people of Ghana! the government is aware Ghanaians hate the way these kriminals are roaming about and moving from radio station to the other screaming their lungs out and condemning every good policy, but I assure Ghanaians these Egyptians they are seeing now, will not be seen in a little while. THE BATTLE IS STILL THE LORD'S! GHANA WILL SUCCEED!
The judiciary is independent off and from the other two organs of government.The thrust of your opinion seems to suggest the High court could have been influenced by the Executive presence at the induction.I beg to differ.The High court may have considered other weightier matters of law and Procedure relevant to the grant and refusal of an interlocutory injunction. A crucial enquiry for my consideration(if I was the jurist in this matter)could ,inter alia, the timing of the event's occurrence vis-a vis the timing of the motion for the said relief.
When you hear Atuguba talking, you'll think he is full of wisdom and will win his case even before going to court. He is just an empty headed noise maker. So so bragging and big talk k3k3.
This is a catch 22 situation. If he goes to the appeal court for an injunction it will be decided that they can only adjudicate on the substantive issue as it is not a first instance court so he should go back to the high court where the case is being held. when he goes to that very court it will definitely be adjudicated that, that is not the substantive issue so the court has no jurisdiction to adjudicate. So he chose another high court (the labour division) and in my view, it will be difficult for another high court to try to "meddle" in another court on the same levels case so the judge conveniently ruled as such. Another angle on the reasoning of the labour court in my view is that a political dimension is added. They were able to attach the presidency to the inauguration. They were able to move the president to sit in or become the guest speaker and it will be very difficult for the judge to rule in favour of Atuguba. Atuguba saw that singular move will go against him so he tried to use the media thereby placing that story in the public domain through the media. The weight of the presidency is mightier than the media in our dispensation and the judge thinking of his position will not like to rub hog shod with it. Atuguba will always lose this one. MY VIEW.