Crime & Punishment of Tuesday, 15 June 2010

Source: GNA

Court rules on suit against University of Ghana authorities on June 25

Accra, June 15, GNA - An Accra Fast Track High Court would on Friday , June 25, rule on perpetual injunction filed against authorities of University of Ghana (UG) and two others over the closing down and convers ion of Commonwealth Hall into a graduate mixed hall from 2010/2011 academic year. This was after Nana Ato Dadzie, counsel for four students of Commonwealth Hall and 4,000 others moved the motion and its supporting affidavit over the issue.

The students are also seeking a declaration that students from Commonwealth Hall did not participate in the March 13, 2010 disturbances which took place at the university campus. They contended that university authorities' decision to close down t he hall following the event of March 13, 2010 captured by the university's letter dated March 28, 2010 was discriminatory, arbitrary, capricious, unfair, illegal and abuse of discretion.

The students were therefore seeking a declaration that Professor Kwe si Yankah, Pro Vice-Chancellor of the University and the University's Execut ive Committee did not constitute the Governing Council and could not expressl y or imply that by the letters they could usurp powers of the Governing Council by closing down the hall or converting it. Nana Ato Dadzie pointed out to the court attempts made by the university

authorities to close down the Commonwealth Hall.

He said he had chanced on an admission letter of a fresh student in whic h the university authorities had conspicuously eliminated Commonwealth Hall

from the list of halls thereby making room for four traditional halls. Nana Ato Dadzie therefore prayed the court to look at the application on

grounds of administrative justice and rule of law. However, in response, Mr Ace Ankomah, counsel for the University an d two others, opposed to submissions of the students. Mr Ankomah raised questions concerning a resolution which should hav e been passed before commencing the court noting that "there was no resolut ion to that effect". He argued that the students in question were not residents of the ha ll arguing that at the moment the students had exhausted their stay and were

only affiliated to the hall. Mr Ankomah said under the Constitution, the Vice Chancellor had as p art of his administrative duties to decide on the conversion of halls to be implemented by the University's Academic Board and Executive Committee. He noted that conversion of the hall was not something new to the university because in the 1990's Sarbah and Legon Halls experienced some conversions into mixed ones. According to him, there was nothing wrong with the conversion of Commonwealth Hall into mixed adding that in line with modernisation, the issue of men dominated halls was outmoded and unconstitutional. "It is shocking for them to say that they don't want women here," he

added. On the March 13, 2010 incident, Mr Ankomah admitted that a congregation took place and during the ceremony, senior members participated. However, procession of these senior members was interrupted by some students of Commonwealth Hall for 20 minutes saying those students claime d they were performing some rituals as such those senior members were compelled to wait. He said the University authorities were waiting for the outcome of the court's decision before they could take steps in respect of admissions fo r the 2010/2011 academic year.

On May 19, this year, the students filed a motion for injunction and supporting affidavit, demanding damages for defamation as well as cost. The four who proceeded to the High Court on behalf of members of Junior Common Room (JCR), Commonwealth Hall are: Joshua Laari, Emmanuel Nketia, Frederick Owusu Prempeh and Kofi Asante Sampong.

The two others joined in the suit are Professor Kwesi Yankey, Pro-Vice Chancellor of the University and University's Executive Committee.

In the statement of case filed by the students, they admitted that on Ma rch 13, this year the university authorities held its congregation at which deserving students were presented with certificates. They said it was reported from the congregation grounds that an incident occurred which caused embarrassment to Busumuru Kofi Anann, Chancellor of the University and other dignitaries.

On March 15, the students said a meeting was held during which the Hall Master and Senior Tutor of Commonwealth Hall were present and the Executive Committee decided to convert Commonwealth Hall, the only hall for men into mixed hall of residence.

They said they had called for a review of this decision but that had not

yielded any results. The students said they had followed up to the Office of the Vice Preside nt and Governing Council of the University but to no avail. On May 10, this year, they said the university authorities "belatedly an d as an afterthought stated that the decision to close down the hall was no t as a result of March 13 events." "The defendants' decision to close down the hall was based on the university authorities' letter dated April 28, "they added. In the said the letter, the students said the university authorities rel ied on the March 13 and other previous incidents before taking the decision. "The decision to close down the hall on the various incidents was discriminatory and breach of Article 17 (2) and (3) of the 1992 Constitution," they added. The students said decision by the three defendants in exercising their discretion, should be fair, candid and not capricious or biased either by

resentment, prejudice or personal dislike.

They contended that on May 18, this year, members of a sub-committee pai d familiarization tour to the hall as part of their "grand illegal plan to convert the hall into mixed hall of residence".

The students said unless the defendants were restrained they would proce ed with "unlawful, illegal and unconstitutional intention and actions to frustrate and deprive them of their legal and constitutional rights".