Darkuman Resident Challenges Prof Avoke’s Reinstatement As UEW VC At Supreme Court
The reinstatement of Professor Mawutor Avoke as the Vice-Chancellor of the University of Education, Winneba (UEW) is being challenged at the Supreme Court.
A resident of Darkuman in Accra, by name, Emmanuel Ansong Baah, who is suing in his capacity as a Ghanaian, is asking the Supreme Court to quash the decision of the Winneba High Court ordering the UEW to reinstate Prof Avoke.
Grounds
It is the case of the applicant that the case leading to Prof Avoke’s reinstatement was not properly filed and therefore the Winneba High Court has no jurisdiction to determine it.
The applicant is arguing that the case was filled out of time because it was filed four years after the said events leading to the sacking of Prof Avoke.
“That I have been advised and believe same to be true that since the application was filed out of time, the respondent (Winneba High Court) ought not to have entertained it since it was contrary to the rules,” the applicant said.
Again, the applicant is of the contention that a report by the Economic and Organised Crime Office (EOCO) which exonerated Prof Avoke of any wrongdoing was not properly before the Winneba High Court, and therefore the court committed an error when it relied on it for the judgement.
“For a document emanating from an agency of the state to be a legal document, at least it ought to have been signed, stamped and probably on the Letter Head of that institution but in the instant case, it was not the case,” the applicant contended.
Based on the above reasons, the applicant is urging the Supreme Court to quash the decision of the Winneba High Court.
“The respondent (Winneba High Court) relying on the EOCO report to order the 2nd interested party (UEW) to reinstate the dismissed officers was erroneous and must not be allowed to stand by the apex court of the land,” the applicant argued.
Background
On February 2, this year, the Winneba High Court ordered the UEW to reinstate Prof Avoke.
The court, presided over by Justice Aboagye Tandoh, on Wednesday, February 2, 2022, also ordered the UEW to reinstate five principal officers of the university who were dismissed together with Prof Avoke in August 2018.
The five officers are Dr Theophilus Senyo Ackorlie, Finance Officer; Mr Frank Owusu Boateng, Deputy Finance Officer; Ms Sena Dake, Internal Auditor; Ms Mary Dzimey, acting Head of Procurement, and lng. Daniel Tetteh, acting Deputy Director of Works and Physical Development.
Per the orders of the court, Prof. Avoke is to be reinstated as V-C, while the five officers are to be reinstated to the same grade level they occupied before their dismissal.
It was the considered view of the court that the position of V-C of the UEW was currently vacant and, therefore, Prof. Avoke should go back to occupy it, while the other officers should be given other commensurate positions because their previous positions were currently being held by others.