The University of Cape Coast and the Vice Chancellor have been served with an injunction application seeking to restrain the Vice Chancellor, Prof. Johnson Nyarko-Boampong, from holding himself out as such.
A resident of the Millennium City-Kasoa in the Central Region, John Mevemeo is seeking a declaration that the decision by the University of Cape Coast (UCC) to renew Prof. Johnson Nyarko-Boampong’s appointment as Vice Chancellor until July 31, 2026, is in violation of the 1992 Constitution and should be declared void.
The order for an interlocutory injunction is sought to restrain Prof. Nyarko-Boampong from performing any duties as Vice Chancellor upon the expiration of his current term, pending the final determination of the suit.
Mr Mevemeo argues that the UCC Council’s renewal decision breaches Article 199(1) of the Constitution and statutes 8.15 and 8.16 of the UCC Statutes 2016.
He requests 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 contends that, given 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 argues 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 claims 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.
He insists that these procedural lapses will be proven during the hearing and asserts that his lawsuit raises serious triable issues.
“The procedure for appointing the Vice Chancellor, as outlined in Statutes 8.15 and 8.16 of the University of Cape Coast Statutes, 2016, and Article 195(3) of the 1992 Constitution, was not followed, and this will be demonstrated during the hearing.
“All parties have submitted proposed issues for trial, indicating that there are substantial triable issues for the court to decide, showing that the suit is not frivolous.
“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 notes 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.
