A Cape Coast High Court has granted an injunction filed by John Mevemeo, a resident of Millennium City-Kasoa in the Central Region, against the Vice-Chancellor of the University of Cape Coast, Prof. Johnson Nyarko-Boampong.
The court’s decision restrains Prof. Nyarko-Boampong from acting as Vice-Chancellor.
Mr Mevemeo is challenging the University of Cape Coast’s decision to renew Prof. Nyarko-Boampong’s appointment until July 31, 2026, arguing that it violates the 1992 Constitution and should be declared null and void.
The court, on Wednesday, granted the order for an interlocutory injunction restraining Prof. Nyarko-Boampong from performing any duties as Vice Chancellor upon the expiration of his current term, pending the final determination of the suit.
The court, however, deferred its reasons for the granting of the application to Thursday, September 5, 2024.
Mr Mevemeo argued that the UCC Council’s renewal decision breached Article 199(1) of the Constitution and statutes 8.15 and 8.16 of the UCC Statutes 2016.
He requested the court to set aside the July 28, 2023, decision and issue a perpetual injunction preventing the defendants from acting upon this renewal.
Prof. Nyarko-Boampong’s initial four-year term as Vice Chancellor began on August 1, 2020, and was set to end on July 31, 2024.
According to the UCC statutes, his tenure could be renewed for up to three years, provided it does not extend beyond the statutory retirement age of 60.
The plaintiff contended that, given that Prof. Nyarko-Boampong was born on September 18, 1965, he should retire by September 18, 2025, rendering the extension to July 31, 2026, illegal.
The plaintiff says despite this, the UCC governing council, which has the authority to appoint the vice chancellor, held a meeting on Friday, July 28, 2023, where the VC’s appointment was renewed for another term extending to July 31, 2026.
The plaintiff further argued that this renewal is contrary to law and a clear breach of Article 199(1) of the 1992 Constitution.
“Prof. Johnson Nyarko-Boampong was appointed Vice Chancellor of the University of Cape Coast for a four-year term starting on August 1, 2020, and ending on July 31, 2024.
“His tenure was subject to renewal for up to three additional years, provided it did not extend beyond the statutory retirement age of 60 years.
“Prof. Nyarko-Boampong’s engagement letter aligns with Statute 8.2 of the University of Cape Coast Statutes 2016 and Article 199(1) of the 1992 Constitution of Ghana,” he averred.
The plaintiff also claimed the UCC Council did not comply with the procedural requirements for appointment and renewal as outlined in Statutes 8.15 and 8.16 of the UCC Statutes 2016 and Article 195(3) of the 1992 Constitution.
“The UCC statute provides sufficient provisions for the university’s administration in the event that there is no Vice-Chancellor or if the Vice Chancellor is unable to perform his duties.
“The university will not suffer any hardship if the Vice Chancellor is restrained from performing his duties after his current tenure ends on July 31, 2024,” Mr Mevemeo states.
The plaintiff further averred to the court that the UCC statutes provide for the administration of the university in the absence or incapacity of the Vice Chancellor, arguing that the university will not face undue hardship if Prof. Nyarko-Boampong is restrained from performing his duties after his current tenure expires on July 31, 2024.
Lawyers for the university and the Vice Chancellor have indicated they will file for a stay of execution.
Source: Richard Kwadwo Nyarko
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