Retired educationist wins suit against CK-UTAS

A retired educationist, Joseph Pwaovi Weguri, has won a suit against the C.K Tedam University of Technology and Applied Sciences and three other defendants.

Weguri, who instituted legal action against the University at the High Court in Bolgatanga on 20^th March, 2023, contended that the appointment of Eric Magnus Wilmot and Vincent A. Ankamah Lomotey as Vice Chancellor and Registrar of the University, respectively, for a full term of 4 years was unlawful and illegal.

In the suit, Weguri stated that the two officers had attained a compulsory retirement of 60 years in April 2022 and August 2021, respectively, which made their occupation of the positions an act against the law. He indicated that a petition of his complaint to the University and the Minister of Education, did not receive a favourable response.

Weguri, who therefore saw their continuous stay in office as unacceptable, ran to the Court to seek an order to remove the two officers from the University and refund all sums of money, including salaries and allowances received from the consolidated fund or from the University.

“Plaintiff contends that the continues occupation of office, and withdrawal of salaries and allowances from the consolidated fund by 3rd and 4^th defendants as public Officers in full-term employment of the university after they have attained the age of compulsory retirement and after 3^rd defendant retired from the public service is not only unlawful but also illegal,” The suit read in part.

In the statement of defence, the defendants stated that, “defendants admit paragraph 7of the statement of claim in part and state that though act 1000 mandates 1^st defendant to appoint its officers including vice-chancellors and registrars, the provisions in the university’s statute referenced by the plaintiff does not apply to the appointment of foundation vice-chancellors and registrars.

This is because the interim appointment of the 3rd defendants as vice-chancellor and registrar in April 2020 was converted by the university council of 1^st defendant to full time appointment on December 1^st 2020. The appointment of foundation vice-chancellors and registrars as is the case of 3^rd and 4^th defendants is not novel in Ghana and there are several examples of such appointments which will be cited in the course of the trial…,”

The defendants further stated that, “Furthermore, the appointments of 3rd and 4 Defendants commenced with a one-year interim period in April 2020Before the end of the one-year appointment the Governing Council of 1^st Defendant set up a Senior Management Candidates Evaluation Committee or what is commonly known as a search party to interview 3^rd and 4^th Defendants in order to ascertain the duration of the full-term appointments of 3^rd and 4^th Defendants.

This was done in line with all the relevant laws governing or regulating public services in Ghana. This class of appointees are generally classified as critical staff who play sensitive roles in the governance structure of the country and have their tenure fixed in term of years of service specified in the laws appointing them or in their letters of appointment and therefore do not fall under the class of persons who ought to retire from public office at the age of sixty (60) years,”

Delivering his judgment, the High Court Judge, His Lordship Charles A. Wilson ruled that, the “plaintiff is a well-respected, outspoken, forthright citizen who has a genuine, serious interest and demonstrable willingness to litigate the issue in public interest and in the service of upholding the constitution and the rule of law.

I am satisfied that the petition is not an abuse of the process of the court and as such it is not unreasonable that, it should be pursued. For this reason, I am of the opinion that the plaintiff’s relief should be upheld,”

“Now looking at the 3^rd and 4^th defendants letters of appointments, it is unlikely that the defendants would be able to pay back all arrears of salary, for the reasons herein given I dismiss the plaintiff’s reliefs for a refund of salary and allowances from the consolidated fund,”

“An order of perpetual injunction is hereby made restraining the 3^rd and 4^th defendants from holding themselves out as vice chancellor and registrar of the C.K Team University of Technology and Applied Sciences. The 3^rd and 4^th defendants are prohibited from taking any steps to perform any duties and functions on the appointed post forthwith.

The University Governing Council shall nominate/appoint an interim management board for the general administration and management pending the fresh appointment of a vice chancellor and registrar to replace the retired officers. I would make no order as to cost,”

Click on the link below to read the full judgement:

JUDGEMENT