UEW Sued Over Stay of Office of Governing Council

The Ministry of Education and the University of Education, Winneba (UEW), has been sued over the extension of the mandate of the Governing Council of the UEW.

The suit, filed at the Winneba High Court by Supi Kofi Kwayera is praying the court for a declaration that the extension of the mandate of the Governing Council of UEW was in breach of Section 8 of Act 672 of UEW Act 2004.

The Section 8 (1) of the Act states that: "Every member of the Council, except the Vice Chancellor and Principals shall hold office for a period of two years and is eligible for re-appointment."

The applicant, in his affidavit in support of the motion on notice, said in November 2009, a Governing Council of the UEW was constituted to carry out its functions until its mandate lapsed after two years.

He indicated that at the end of the two years, the tenure of the Governing Council was further renewed for two years and that the mandate expired in November 2013.

Surprisingly, he stated the Ministry of Education, through the Minister "failed to constitute a new Governing Council for the 1st Respondent (UEW) after the mandate of the said Governing Council has lapsed but rather allowed and permitted the defunct Governing Council which had no mandate whatsoever, to continue the functions of a properly constituted Governing Council as if same had been properly constituted."

"The 2nd Respondent (Minister for Education, Ministry of Education), before the August House of Parliament, unequivocally admitted to the extension of the tenure of the Governing Council of the 1st Respondent when same had long expired which said admission was captured in Parliamentary debate of 23rd June, 2016 Fourth Series Vol 94 No 22 column 2195 to 2202."

He continued that the 'defunct' Governing Council made appointments, approved expenditures and conferred various degrees and diplomas during the period that it had no such mandate.

In particular, "this group of persons who constituted themselves as council by virtue of the 2nd Respondents directive undertook a search and eventually appointed a supposed Vice Chancellor and finance officer as Principal Officers to steer the affairs of the 1st Respondent."

According to the plaintiff, the supposed council arrogated unto itself the power of the Governing Council and approved Academic Board recommendation for the award of certificates and honorary degrees. Adding that the defunct Governing Council awarded contracts to several companies to undertake projects without recourse to the proper procurement processes and standards as provided for under the Procurement Act.

"That I have been advised by counsel and I verily believe same to be true the contract to C-Deck Limited for the construction of University practice school at Winneba and Kumasi campus at the estimated cost of Ghc564, 615.43 and Ghc500, 000 respectively by the 1st Respondent was done without due regard to section 38 (b) of Act 663."

The applicant, a social activist and a businessman said he brought this application in the spirit of probity and accountability and pursuant to his civic responsibility under Article 41(f) of the 1992 constitution.

He is seeking a declaration from the court that "no authority or institution of state has any power to extend the tenure of a member of the Governing Council of the 1st Respondent unless such extension is in accordance with Act 672.

"A declaration that all decisions taken by the defacto body of persons who constituted themselves as Governing Council is null and void and of no effect.

"A declaration that the illegally appointed Principal Officers of the 1st Respondent willfully misappropriated public funds by failing to put to public tender for the construction of the North campus road and thereby causing financial loss to the state.

"An order compelling the 1st Respondent to enact a Social Responsibility Policy for the benefit of the 3 communities, where its campuses are located."

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