UG sued over reinclusion of Guru & 1 other in SRC election

A second-year student at the University of Ghana (UG) has filed a lawsuit at the Circuit Court in Adentan, Accra, against the University management including its senior officials, and the Electoral Commissioner of the Students’ Representative Council (SRC).

Joseph Mawuli Asioh’s lawsuit challenges the inclusion of two disqualified candidates in the 2024 SRC elections, citing procedural violations by the University’s Pro-Vice-Chancellor and Dean of Student Affairs.

The defendants in the suit are the University of Ghana, the Pro Vice-Chancellor Professor Gordon A. Awandare, the Dean of Students Affairs, Professor Rosina Kyerematen, and the SRC Electoral Commissioner Mudassir-Ibn Ibrahim.

Background

The legal dispute began when the SRC Vetting Committee disqualified two aspirants, Emmanuel Owusu Amponsah and Maradona Adjei Yeboah popularly known as Guru, for not meeting the residential requirement stipulated in the SRC Constitution.

The disqualified candidates subsequently appealed their disqualification to the SRC Court.

The SRC court ruled against the disqualified candidates and upheld the decision of the Vetting Committee.

However, despite the hearing of the case by the Judicial Board, the plaintiff contends that the Pro-Vice-Chancellor, Professor Gordon Awandare instructed the Dean of Students Affairs to convene the SRC Appeals Board to hear the case.

The Appeals Board, which typically handles appeals and does not have original jurisdiction, controversially heard the matter.

In a decision that the plaintiff describes as unlawful, the Appeals Board overturned the Judicial Board’s ruling and reinstated the disqualified candidates, allowing them to contest in the upcoming SRC elections.

Reliefs

Joseph Mawuli Asioh is seeking several declarations and orders from the court, including:

a. A declaration that the decision of the Vetting Committee to disqualify the two candidates was lawful and binding.
b. A declaration that the Appeals Board had no jurisdiction to overturn the Judicial Board’s ruling, especially in the absence of a formal appeal.
c. An order to restrain the defendants from interfering with the SRC electoral process.
d. An order preventing the inclusion of the disqualified candidates in the SRC elections.
The plaintiff is also seeking costs, including solicitor’s fees.

African Editors understands that the defendants have been served with the writ of summons, and the case is expected to be heard in the Circuit Court in Adentan.

Additionally, Mawuli has filed for an interlocutory injunction to prevent the disqualified candidates from participating in the elections until the court delivers a final ruling.