Lawyer Egbert Faibille to challenge UEW closure in court

According to him, the registrar’s action drags the name of the court into disrepute, as it gives the impression that it was done upon the direction of the court.

Speaking on Eyewitness News, Lawyer Egbert Faibille Jnr. said the registrar’s action was likely to be politically motivated. The Registrar of the University, Dr. C.Y. Akwaa-Mensa, on Wednesday announced in a statement that it has in consultation with the various university stakeholders closed down all of its campuses.

“In line with the decision of the court, the members of the University Community, comprising UTAG executives, Deans, Heads of Department, and representatives of Senior Members therefore decided to shut down the University until Friday, 16th June, 2017 when the substantive case will be heard. The decision has arisen as a result of implementing the Judge’s directive that the Principal Officers of the University be restrained from working until Friday, 16th June, 2017 and also the fact that other management members, Principals, Deans and Deputy Registrars were appointed by the Councils whose authority are being challenged,” the release said.

But according to Mr. Faibille, the registrar misinterpreted the statement of the judge.

“If a judge gives a friendly advice in an open court and you were there with your lawyer, if you claim you don’t understand, why don’t you seek clarification from your lawyer,” he quizzed?

“As an officer of the law, I am concerned that somebody, an officer of the University will come and misrepresent proceedings in court in a manner that will put the administration of justice into disrepute. And contempt of court is a public remedy. Anybody can apply for contempt of court.”

Asked by sit-in host Umaru Sanda Amadu if he would file such an application at the court, Mr. Faibille responded in the affirmative. On why the registrar may have taken the decision if it was not the instruction of the court, the lawyer said,

“It is a political thing and in the coming days, that exposition will be made.”

According to him, the Attorney General has been alarmed by the impression given by the Registrar, and even requested the presence of the judge in Accra to give clarification on the matter, but got the understanding that the judge did not err.

He noted that, the development has sent wrong signals to Ghanaians, with many going up in arms against the court for apparently no justified reason.

Why is UEW in court?

A private citizen, Supi Kofi Kwayera, last month sued the University of Education Winneba (UEW), and the Education Ministry for what he said was the unlawful extension of the school’s Governing Council’s tenure.

In a writ sighted by Citi News, he also accused the Governing Council of misappropriating the funds of the University after the expiration of two tenures in 2013.

The suit comes months after the Member of Parliament for Effutu, Afenyo Markin, called for the immediate withdrawal of thousands of certificates issued by the University of Education, Winneba, since 2013. The MP argued that, such certificates and degrees had been invalidated by the fact that an “illegal”

University Council caused them to be issued without proper legal authority. The plaintiff, represented by the Member of Parliament for the Effutu Constituency, where the University is located, Afenyo-Markin, had his reliefs upheld by the court, pending the determination of the case on Friday.

What are the reliefs the plaintiff is seeking?

A declaration that the extension of the mandate of the Governing Council of the 1st Respondent by the 2nd respondent to stay in office to perform such functions as a properly appointed council was in breach of Section 8 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 contracts awarded to Sparkxx Gh Ltd, Paabadu Construction and C-Deck, were done in breach of the Procurement Act (Act 663).

A declaration that all payments made to Lamas Ltd were done without the express written consent of the Ghana Highway Authority, and in breach of the Memorandum of Understanding and same must be refunded.

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.

The University says it has been served with the suit and will respond appropriately.