A former student of the University of Professional Studies Accra (UPSA), Rashid Ibrahim, has lodged a case with a high court in Accra against his alma mater over some appointments and promotions said to be in breach of established rules.
The university’s management had announced on May 6, 2024, the appointment of Prof. John Kwaku Mensah Mawutor as its vice chancellor effective January 1, 2025, and scheduled December 7, 2024, for his swearing-in.
But the plaintiff (Ibrahim) tells the court in his statement of claim filed on December 23, 2024, that the university committed some “infractions and illegalities” through its governing council prior to Mawutor’s appointment.
He says the infractions and illegalities “undermine the established rules and guidelines for the appointment and promotion of academic staff as contained in the revised version of the criteria for appointments and promotions of” senior academic staff.
The version, he says, requires the university to promote a senior lecturer to the rank of an associate professor only if the applicant has a minimum of 7 articles published in reputable journals among other requirements.
Mawutor, according to the plaintiff, did not meet the standard required to be promoted to the rank of an associate professor yet the defendant (the university) disregarded the guidelines by promoting him to that rank.
“Having been unlawfully elevated to the rank of associate professor, the validity of the subsequent appointment of John Kwaku Mensah Mawutor as vice chancellor of the respondent is now being questioned as per the writ of summons and statement of claim issued by the applicant in this instant suit, inviting this honourable [court] to make a determination to that effect,” the plaintiff says in paragraph nine of his statement of claim.
In paragraph ten of his statement of claim, the ex-student student says the university also breached the rules by appointing Prof. Emmanuel Selase Asamoah as pro-vice-chancellor for academic and student affairs and Prof. Samuel Antwi as pro-vice-chancellor for research innovation and knowledge transfer “without any legal basis.”
The appointments, he says, contravene the Act of Parliament that established UPSA as a public university.
Nine reliefs sought by ex-student in addition to injunction
As part of his statement of claim, the plaintiff is also asking the high court to issue an interlocutory injunction to prevent Friday’s swearing-in ceremony from taking place.
His reason, expressed in paragraph 14 of the statement of claim, is that:
If the respondent (the university) is not restrained from going ahead with investiture of the persons so appointed, and giving effect to the appointments, it would be emboldened to perpetuate an illegality while unduly wasting resources for organizing same at the expense of prudent resource management for the benefit of the entire defendant school.
While praying that the sought interlocutory injunction, if granted, remains in effect until the final determination of the substantive suit, the former student also itemised nine reliefs he wants the court to grant him.
He is seeking a declaration that Mawutor’s promotion to the rank of associate professor by the university was defective, unlawful and of no effect. He wants a declaration that Mawutor’s appointment as vice chancellor, having been “defectively promoted” to the rank of associate professor, was invalid and of no effect as he never met the requirement of professorship needed to be a vice chancellor.
The former student is praying that the court declares that the creation of the office of pro vice-chancellor for research innovation and knowledge transfer and the office of pro vice-chancellor for academic and student affairs is beyond their legal power and thereby null and void. He is further asking for an order setting aside Mawutor’s appointment as the university’s vice chancellor.
He is requesting an order setting aside the appointments of Prof. Asamoah as pro-vice-chancellor for academic and student affairs and Prof. Antwi as pro-vice-chancellor for research innovation and knowledge transfer. He is looking for an order directed to the university to comply with provisions of the revised version of “the criteria for appointments and promotions” of senior academic staff.
The alumnus also wants an order restraining the school from appointing any individual who does not meet the status of professorship as the vice chancellor, an order directed to the university to comply with the Act of Parliament establishing the school in appointing a pro-vice-chancellor and any other reliefs or remedies the court may deem fit.
Meanwhile, the plaintiff has filed a motion on notice for an order of interlocutory injunction against the swearing-in ceremony pursuant to Order 25 Rule 1 of the High Court (Civil Procedure) Rules 2004, (C.I.47) and the Inherent Jurisdiction of the High Court. Hearing is scheduled to take place on February 18, 2025, on the interlocutory injunction motion.
The lawsuit filed against UPSA is one of the multiple strange developments currently happening at public universities across the country under the watch of the Director-General of the Ghana Tertiary Education Commission (GTEC), Prof. Ahmed Jinapor.
Media Without Borders will publish reports on these happenings in the days ahead.
Source: Edward Adeti/Media Without Borders/mwbonline.org/Ghana
