An injunction sought by John Mevemeo, a resident of Millennium City-Kasoa in the Central Region, against Prof. Johnson Nyarko-Boampong, the vice-chancellor of the University of Cape Coast, has been granted by a Cape Coast High Court.
Prof. Nyarko-Boampong is prohibited from serving as Vice-Chancellor by the court’s ruling.
Mr. Mevemeo contends that the University of Cape Coast’s decision to extend Professor Nyarko-Boampong’s appointment to July 31, 2026, is unconstitutional and ought to be revoked.
In order to prevent Prof. Nyarko-Boampong from carrying out any obligations as Vice Chancellor once his present term ends, the court granted an order on Wednesday, pending the outcome of the lawsuit.
Nonetheless, the court postponed providing its justification for accepting the application until Thursday, September 5, 2024.
Mr. Mevemeo contended that UCC Statutes 2016 8.15 and 8.16 as well as Article 199(1) of the Constitution were violated by the UCC Council’s decision to renew.
He asked the court to grant a perpetual injunction prohibiting the defendants from acting upon this renewal and to set aside the decision made on July 28, 2023.
The first four years of Prof. Nyarko-Boampong’s tenure as Vice Chancellor were scheduled to start on August 1, 2020, and expire on July 31, 2024.
The UCC statutes allow for a three-year renewal of his term, as long as he doesn’t go over the 60-year-old statutory retirement age.
The plaintiff argued that the extension to July 31, 2026 was unlawful since Prof. Nyarko-Boampong should have retired by September 18, 2025, as he was born on September 18, 1965.
The lawsuit claims that in spite of this, on Friday, July 28, 2023, the UCC governing council—which has the power to select the vice chancellor—held a meeting during which the VC’s appointment was extended for an additional year, concluding on July 31, 2026.
In addition, the complainant claimed that this extension is illegal and blatantly violates Article 199(1) of the 1992 Constitution.
“Prof. Johnson Nyarko-Boampong was appointed Vice Chancellor of the University of Cape Coast for a four-year term starting on August 1, 2020, and ending on July 31, 2024.
“His tenure was subject to renewal for up to three additional years, provided it did not extend beyond the statutory retirement age of 60 years.
“Prof. Nyarko-Boampong’s engagement letter aligns with Statute 8.2 of the University of Cape Coast Statutes 2016 and Article 199(1) of the 1992 Constitution of Ghana,” he averred.
The plaintiff further alleged that the UCC Council failed to adhere to the appointment and renewal procedures as specified by Article 195(3) of the 1992 Constitution and Statutes 8.15 and 8.16 of the UCC Statutes 2016.
“The UCC statute provides sufficient provisions for the university’s administration in the event that there is no Vice-Chancellor or if the Vice Chancellor is unable to perform his duties.
“The university will not suffer any hardship if the Vice Chancellor is restrained from performing his duties after his current tenure ends on July 31, 2024,” Mr Mevemeo states.
The plaintiff also claimed before the court that Prof. Nyarko-Boampong’s current tenure expires on July 31, 2024, and that the university will not suffer undue hardship if he is prevented from carrying out his duties. The plaintiff further claimed that the UCC statutes provide for the administration of the university in the event of the Vice Chancellor’s absence or incapacity.
The Vice Chancellor’s and the university’s solicitors have said they would request a stay of execution.
Source: Myjoyonline.com