The suit which was filed by former President of UTAG -Winneba, Dr. Frimpong Duku was challenging the powers of the Vice-Chancellor Prof. Anthony Afful-Broni in nominating three persons to be voted for to fill the vacant position.
The nominated academics are Prof Andy Ofori – Birinkorang, Prof. Yaw Ameyaw and
Prof. Dominic Mensah.
Dr. Frimpong Duku in a suit filed by his lawyer Alexander Afenyo-Markin averred that the Vice-Chancellor was duty-bound to nominate most senior members of the Professorial rank for the position of Pro-Vice-Chancellor leaving no room for him to exercise any discretion in the nomination process per the University of Education 2007 Statute.
The University in its statement of defence through its counsel, Paa Badu Abaidoo, argued that precedent at the university has always favoured nomination of any Professor deemed suitable for the position irrespective of seniority.
The High Court Chaired by Her Ladyship Janapare Bartels Kodwo in its ruling dismissed the relief for certiorari in quashing the nomination of the three Professors by the Vice-Chancellor Prof. Anthony Afful-Broni as the court argued that the university falls outside administrative and quasi-judicial bodies whose acts are subject of prerogative writs like as provided under order 55 of CI 47.
She stressed that it was procedurally wrong for the applicant to have come under Order 55 of CI 47 as the provision didn’t support their case.
She therefore awarded a cost of GH₡ 5,000.00 against the applicant who stopped the election on the 13th of June ,2019.
Lawyer Alexander Afenyo Markin who is counsel for the plaintiff was however absent from court when the judgment was delivered by the sitting judge today.