On Wednesday (31st October, 2018), the Supreme Court, by a unanimous decision, quashed by certiorari, the Judgment of the Winneba High Court, which purported to remove from office the Vice Chancellor of the University of Education, Winneba (UEW), Prof. Mawutor Avoke.
This is the second time the Supreme Court has quashed a judgment of the Winneba High Court, purporting to remove the duly appointed Vice Chancellor of UEW.
All the Supreme Court judges, without exception, who sat on the case, agreed that the Judgment of the WINNEBA High Court, based on which Vice Chancellor, Prof. Mawutor Avoke was removed from office is wrong, stands quashed, and is therefore null and void, and of no effect.
This unanimous decision of the Supreme Court places in sharper focus the request of Prof. Raymond Atuguba, Counsel for Prof. Mawutor Avoke, made a few weeks ago, for the Governing Council of the University of Winneba to put a hold on the induction and investiture of a new Vice Chancellor and for the President of the Republic not to attend the hurriedly organized induction and investiture of a new Vice Chancellor at a time a date had already been fixed by the Supreme Court for Judgment in the case brought by the enbattled Vice Chancellor, Prof. Mawutor Avoke.
The Supreme Court noted that having failed to take evidence from the parties before purporting to grant a judgment in default of Defence on purely declaratory reliefs, the High Court, presided over by Justice George Atto Mills-Graves in its judgment dated 2nd May, 2018, had grievously erred and the said error was patent on the face of the record and went to excess of jurisdiction.
Would the government now do the right thing and remove its representatives on the UEW Council, for misleading and embarrassing the President; reconstitute the UEW Council; and have a properly reconstituted and unbiased Council recall Prof. Mawutor Avoke back as Vice Chancellor?
Or would the government threat UEW differently from KNUST in the absence of an Otumfuo to uphold the law and the rights of Prof. Mawutor Avoke?