General News of Monday, 10 July 2017
The Winneba High Court, presided over by His Lordship Justice George Atto-Mills, today [Monday], dismissed a motion for interlocutory injunction on the Governing Council of the University of Education, Winneba.
On June 16 this year, counsel for the University and the Ministry of Education, Peter Zwennes, prayed the court to dismiss the suit, because in their view, the plaintiff, Supi Kwayera, lacks the capacity to sue the institution.
The counsel again argued that the court also lacks jurisdiction to adjudicate the claims by the plaintiff.
The University’s counsel further prayed the court to dismiss Supi Kwayera’s suit also because the plaintiff’s mode of application was not right in law.
In a 23rd May 2017 writ issued, the plaintiff adduced that in November 2009, a Governing Council of the 1st Respondent (University of Education, Winneba) constituted. The said Council was to carry out its functions until its mandate lapsed after two years.
It noted that after the end of the two years, the tenure of the Governing Council was further renewed for two years certain thus its mandate expired in November 2013.
However, the 2nd Respondent (the Ministry of Education) failed to constitute a new Governing Council for the 1st Respondent after the mandate of the said Governing Council had lapsed, but rather allowed and permitted the defunct Governing Council which had no mandate whatsoever to continue the functions of a properly constituted Governing Council as if same had been properly constituted.
This Mr. Kwayera finds as unlawful and hence his legal action against the University of Education, Winneba.
However, before the substantive claims are looked into, the University, through its counsel, applied to the court to dismiss the suit on the three counts mentioned above. But the substantive case can now go ahead once their application has been dismissed.
Speaking to journalists after the ruling, the counsel for the plaintiff, AlexanderAfenyo Markin, said, “This action is not being brought to frustrate any individual, or is not being brought in bad faith, but for the public good”.
“We are all looking at the betterment of Winneba. We are all looking at the betterment of the University, to function and act in the confines of the law; and we expect that courageous and patriotic citizens like Kofi Kwayera be celebrated under such circumstances”, he added.
However, the court has set Wednesday, July 12, to rule on a joinder application by the University’s branch of the University Teachers’ Association of Ghana (UTAG) as a respondent.