Prof Kwesi Yankah, Pro Vice Chancellor, U.G.
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16th June, 2010
LEGON CITED FOR CONTEMPT... in case of Vandals and University of Ghana
The University of Ghana has been cited for contempt at the Accra Fast Track High Court in the case in which students of the Commonwealth Hall have sued the university’s authorities over the conversion of the hall into mixed residence.
This was after counsel for the students, Nana Ato, Dadzie drew the court’s attention to admission letters being issued by the university to fresh students for the various halls of residence excluding those from Commonwealth Hall.
Students of the hall on May 20, filed a writ to restrain the University, the vice Chancellor and the executive committee from implementing a planned change in the status of the Commonwealth Hall from an all-male students hall to a graduate mixed hall of residence.
The writ said the change was “unlawful, illegal and unconstitutional”.
The 4000 students of the hall are being represented in the suit by the President of the Junior Common Room (JCR) Joshua Laari, Vice President Emmanuel Nketia, Fredrick Owusu Prempeh, treasurer and Kofi Ashanti Sarong, secretary.
Counsel argued at the hearing of the suit yesterday that, by that action, the university had gone ahead to implement the planned change in the status of Commonwealth Hall, from an all male students hall into a graduate mixed-hall of residence.
Nana Dadzie said the University’s action contravened the court’s earlier order to the two parties not to do anything or take any action that would prejudice the case before its final determination.
The presiding judge, Justice K. A. Ofori Atta, after listening to Counsel for the University Ace Ankomah said the court would give its ruling on the issue of contempt on June 21.
Mr. Ankomah had admitted seeing the admission letters issued on June 10, 2010, but argued that, his clients’ hands had been tied.
He told the court that, if the university had assigned Commonwealth Hall to fresh students, the university would still have been in contempt of the court’s order.
In his submission Nana Dadzie said even though the conduct of a few people had delayed the University’s congregation on March 13,2010, the whole of the Commonwealth Hall, with a student population of 4,000, should not be reconfigured, and reconstituted into a hall of mixed gender.
“They were decisions made by the University of Ghana authorities out of Ghana Authorities out of anger and irritation,” he said, stressing that as a public university, the action of officials of the University of Ghana must conform to with constitution.
He argued further that the action and decisions of the executive committee of the university, should not have been retrospective “because they are punishing the current VANDALS for misconducts that occurred in the past when the Vice Chancellor himself was a student of the university”.
“Four thousand students have lost affiliation without any hearing and a retrospective punishment meted to all of them by the executive council of the university.’’ He contended.
But Mr Ankomah argued that the VANDALS, had in a letter to the Executive Committee of the university apologised for holding up the congregation,and asked : “Why should they apologise if they have not committed any offence?
Mr. Ankomah said for students to belong to the commonwealth Hall was a privilege bestowed by the University and not a right.
He said the University was not taking the right of affiliation to the Commonwealth Hall the vandals arguing that by the current rules of the University, all the 4,000 students had ended their one year residence and were out of the university until the 4th year.
He said the vice chancellor and the university authorities had not violated any law because they had the powers to make the Commonwealth Hall, a hall of mix gender.
This was after counsel for the students, Nana Ato, Dadzie drew the court’s attention to admission letters being issued by the university to fresh students for the various halls of residence excluding those from Commonwealth Hall.
Students of the hall on May 20, filed a writ to restrain the University, the vice Chancellor and the executive committee from implementing a planned change in the status of the Commonwealth Hall from an all-male students hall to a graduate mixed hall of residence.
The writ said the change was “unlawful, illegal and unconstitutional”.
The 4000 students of the hall are being represented in the suit by the President of the Junior Common Room (JCR) Joshua Laari, Vice President Emmanuel Nketia, Fredrick Owusu Prempeh, treasurer and Kofi Ashanti Sarong, secretary.
Counsel argued at the hearing of the suit yesterday that, by that action, the university had gone ahead to implement the planned change in the status of Commonwealth Hall, from an all male students hall into a graduate mixed-hall of residence.
Nana Dadzie said the University’s action contravened the court’s earlier order to the two parties not to do anything or take any action that would prejudice the case before its final determination.
The presiding judge, Justice K. A. Ofori Atta, after listening to Counsel for the University Ace Ankomah said the court would give its ruling on the issue of contempt on June 21.
Mr. Ankomah had admitted seeing the admission letters issued on June 10, 2010, but argued that, his clients’ hands had been tied.
He told the court that, if the university had assigned Commonwealth Hall to fresh students, the university would still have been in contempt of the court’s order.
In his submission Nana Dadzie said even though the conduct of a few people had delayed the University’s congregation on March 13,2010, the whole of the Commonwealth Hall, with a student population of 4,000, should not be reconfigured, and reconstituted into a hall of mixed gender.
“They were decisions made by the University of Ghana authorities out of Ghana Authorities out of anger and irritation,” he said, stressing that as a public university, the action of officials of the University of Ghana must conform to with constitution.
He argued further that the action and decisions of the executive committee of the university, should not have been retrospective “because they are punishing the current VANDALS for misconducts that occurred in the past when the Vice Chancellor himself was a student of the university”.
“Four thousand students have lost affiliation without any hearing and a retrospective punishment meted to all of them by the executive council of the university.’’ He contended.
But Mr Ankomah argued that the VANDALS, had in a letter to the Executive Committee of the university apologised for holding up the congregation,and asked : “Why should they apologise if they have not committed any offence?
Mr. Ankomah said for students to belong to the commonwealth Hall was a privilege bestowed by the University and not a right.
He said the University was not taking the right of affiliation to the Commonwealth Hall the vandals arguing that by the current rules of the University, all the 4,000 students had ended their one year residence and were out of the university until the 4th year.
He said the vice chancellor and the university authorities had not violated any law because they had the powers to make the Commonwealth Hall, a hall of mix gender.
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