They have threatened to go to Court if their demands are not met within 7 days.

The officers, including the Vice Chancellor, Professor Mawutor Avoke and Finance Officer, Dr. Theophilus Senyo Ackorlie, were directed by the University Council to step aside for investigations into allegations of financial malfeasance against them.

This follows legal actions involving the university, the local chapter of the teacher union, and some private citizens.

[contextly_sidebar id=”mHYd4iIWY2rwtenlFy8TdqeeWBKOdnul”]The Supreme Court last month quashed a guilty verdict handed down the officers by the High Court, while upholding the governing Council’s interdiction.

But the lawyers in a letter to the University’s Council, argued that the Council has a calculated agenda to frustrate the officers.

They thus demanded “An immediate and unconditional reinstatement of the Affected Officers, especially (Ing. Daniel Tetteh, Ms. Mary Dzimey, Mr. Frank Owusu Boateng, Dr. Theophilus Senyo Ackorlie and Prof. Mawutor Avoke,) to their various offices to perform their functions in accordance with law.”

The lawyers also demanded an an immediate and unconditional restoration of the salaries, allowances and privileges attached to the various offices of the Affected Officers, which have been withdrawn as well as an “immediate payment of all outstanding salaries and allowances withheld from the affected officers together with interest thereon.”

Below are other reliefs sought by the lawyers:

• An immediate cessation of all acts and practices calculated to frustrate the Affected Officers in the performance of their functions and/or remove them from office.
• An immediate dissolution of the Fact-Finding Committee and an immediate halt to any investigations by the said Committee.
• Definitive steps to ensure that the Chairperson of the Council and the Pro ViceChancellor are not involved in the setting up of any Committee to investigate the contracts, the subject matter of the court action, or any other contract in which they were involved in its promotion, negotiation, award, execution, payment or commissioning.
• Definitive steps to ensure that any person or body of persons set up to consider the report of any Committee in respect of the said contracts does not include the Chairperson of the Council or the Pro Vice-Chancellor.

Click here for the full letter

Background

In a 23rd May 2017 writ issued, the plaintiff [Supi Kwayera] adduced that the university’s council’s mandate had expired in November 2013, but the Education Ministry failed to constitute a new Governing Council for the university, and rather allowed and permitted the defunct Governing Council which had no mandate whatsoever to continue the functions of a properly constituted Governing Council as if same had been properly constituted.

This Mr. Kwayera insisted was unlawful, and hence his legal action against the University of Education, Winneba.

However, before the substantive claims were looked into, the University, through its counsel, applied to the court to dismiss the suit on the three counts, but the application was dismissed.

The University’s branch of the University Teachers’ Association of Ghana (UTAG) as a respondent subsequently applied to join the application.

In June this year, the plaintiff prayed the to effect an interlocutory injunction restraining the 1st Respondent, its assigns, agents, officers and all other persons acting through the 1st Respondent or claiming to be the lawful representatives of the 1st Respondent from authorizing any payment to any contractor or supplier whose contract is the subject matter of the substantive application before the court.

Again,the injunction was to restrain the 2nd Respondent from recognizing any supposed Principal Officer or any person whose mandate as an officer of the 1st Respondent emanated from the defunct Governing Council as the lawful representative(s) of the 1st Respondent until the final determination of the substantive application.

The injunction also sought to restrain the 1st Respondent and its lawful representatives from making any payment to Ghana Highway Authority or any third party entity including Larmas Construction (GH) Ltd in respect of a Memorandum of Understanding with Ghana Highway Authority for road maintenance until the final determination of the substantive application.

–

By: Godwin A. Allotey & Sixtus Dong Ullo/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post ‘Suspended’ UEW VC, 4 others, demand immediate reinstatement appeared first on Citi 97.3 FM - Relevant Radio. Always.

The court subsequently ordered the retrieval of all monies paid to the contractors of the North Campus Roads and a forensic audit of the project.

[contextly_sidebar id=”HNlJf81ySFrslUnI5Xwjqazcc7VhAtWj”]It also awarded GHc 8,000 in damages against the University.

The University was dragged to Court by one Supi Kwayera for operating under what he argued was a defunct governing council.

He had also raised various allegations against the Management, including procurement and financial irregularities.

In the course of the suit, a new constituted Governing Council of the University asked its Vice Chancellor and four other top officials to step aside, after it emerged that some vital documents at some offices at the centre of an ongoing investigation had been removed at night.

The school’s council subsequently set up a fact-finding committee to investigate the case.

Unfair hearing

But a former President of the University Teachers Association of Ghana, UTAG,  Dr. Samuel Bekoe, has described the judgment as absurd.

Dr. Bekoe complained that the Vice Chancellor and the Finance Officer had not been given a fair hearing in the matter.

He argued that “the reliefs that were being sought by the plaintiffs on the procurement issues were all withdrawn, so if they were withdrawn, then it means there was no case on procurement issues before the court. So why would a judge be ruling on a case that was not before him?”

“… and if you are now also asking that forensic audit should be conducted, it means there is no evidence for the allegations made. So if there is no evidence for the allegations made, why would you now be passing judgement on people?”

Dr. Bekoe also noted that, the University, and not the Vice Chancellor and the Finance Officer, was dragged to court.

“Now if that was the case and you have not listened to their side, natural justice just shows that you don’t have to rule against the two because you never gave them the opportunity to respond to the allegations that were made against them.”

–

By: Sixtus Dong Ullo/citifmonline.com/Ghana

The post UEW VC, finance officer found guilty of financial irregularities appeared first on Citi 97.3 FM - Relevant Radio. Always.

He has indicated that regaining the university’s sound footing is a core goal of the council, and that the university’s vision “to train competent professional teachers for all levels of education to contribute to educational policy and national development remains solid”.

Prof. Abakah said this in a speech he delivered on Wednesday on the first day of the 1^st Session of the 22^nd Congregation of the university at Winneba.

The University of Education, Winneba, has been in a legal tussle in a case with one Supi Kwayera of Winneba, while a new Governing Council of the institution was reconstituted by government in July this year.

Also in late October this year, the Vice Chancellor of the university, Prof Mawutor Avokeh, and five other top officials were asked to step aside as investigations into allegations of malfeasance continue.

In his speech, the Chairman of the Council also reiterated an earlier explanation of the interdiction, indicating it was “purely in respect of the on-going investigation by EOCO, BNI and the Governing Council’s Fact-Finding Committee”.

He has therefore urged all stakeholders to exercise maximum restraint and circumspection in talking about the matter, assuring that no witch-hunting is intended.

Meanwhile, the acting Vice Chancellor of the University, Rev. Prof. A. Afful-Broni, has revealed that government has given the University the financial clearance to engage 121 staff by the close of the year.

Prof. Afful-Broni, has however appealed for more staff to be added, saying “Considering the high student intake, more teaching and non-teaching staff are required to enable us to effectively and efficiently deliver”, asking government and other stakeholders to further assist in that regard.

The university is graduating 8,194 graduands in post-graduate, bachelor’s degrees, diploma and certificate categories in the 1^st Session of the 22^nd Congregation.

Out of the number, 4,882 are from the Winneba and Ajumako Campuses of the University, while the Mampong Ashanti and Kumasi Campuses are graduating 580 and 2,732 graduands respectively.

–

By: Joseph Ackon Mensah/citifmonline.com/Ghana

The post We’ll protect UEW with all our might – Governing Council Chair appeared first on Citi 97.3 FM - Relevant Radio. Always.

Despite the contentions with recent court rulings of interest to the school, President Akufo-Addo said the law was to be respected and viewed as a path to the resolution of the recent conflict enveloping the school.

[contextly_sidebar id=”ElBUmZIBQQdYup4Vbzag7WKCoRNyJAL6″]”I am aware of recent happenings at UEW. Disturbing, as it were, it is noteworthy that it appears finality is being brought to beware on the matter. The current challenges in my view can be best surmounted if all stakeholders act within the confines of the law and respect the rule of law.”

“Court decisions are not always pleasant but they are in principle, the surest way to resolve disputes. Let us not through our utterance, actions and inactions undermine the authority of our courts. I am by this urging the newly constituted governing council to do all within its power to see to an amicable settlement of all matters pending before the High Court.”

“In the same vein, the chairperson of the governing council must urgently ensure that the council puts into place measures to seal all loopholes of waste and abuse of public funds,” the President said.

Members of the University Teachers Association of Ghana (UTAG) at the University of Education, Winneba, are divided over the recent strike declared by their president, triggered by a court ruling which directed the Vice Chancellor to step aside temporarily.

The troubles at the university trace back to May 23, when the mandate of the schools Governing Council was challenged.

One Supi Kwayera, in a lawsuit, held that the university council’s mandate had expired in November 2013, but the Education Ministry failed to constitute a new Governing Council for the university and rather allowed the defunct Governing Council to continue work.

Mr. Kwayera insisted that this was unlawful, hence his legal action against the University of Education, Winneba.

Before the substantive claims were looked into, the University, through its counsel, applied to the court to dismiss the suit on the three counts, but the application was dismissed.

The University’s branch of the University Teachers’ Association of Ghana (UTAG) as a respondent subsequently applied to join the application.

The High Court in Winneba on July 14, 2017, then ordered the Vice Chancellor of the University of Education, Winneba, Professor Mawutor Avokeh, to step aside until the case brought against him was determined.

–

By: Sammy Wiafe/citifmonline.com/Ghana

The post Resolve your court issues – Nana Addo tells UEW governing council appeared first on Citi 97.3 FM - Relevant Radio. Always.

They want the Minister of Education Matthew Opoku Prempeh to mediate in the crisis which affected the smooth running of the school.

A Winneba High Court on Friday ordered the Vice Chancellor of the university to step aside in an ongoing suit challenging the legitimacy of the school’s Governing Council and some administrators.

Lectures in the school have declared a strike to protest against the ruling.

[contextly_sidebar id=”z1Pe8mYYqY67VZ5AkDGZ36Dlxq08rzmd”]Speaking to Citi News the Minority Spokesperson on Education, Peter Nortsu-Kotoe lashed out at the Minister of Education for doing little about the situation.

“I am of the view that the intervention of the Minister of Education, Dr. Matthew Opoku Prempeh, will go a long way to resolve the matter. This is what I have been expecting from him for a long time now. If he had intervened earlier I’m sure matters wouldn’t have reached the level it has gotten to now. So I feel that if he does that help in bringing normalcy to the university.”

He said it is rather unfortunate that only two principal positions out of three appointed by the governing board have been asked to step aside.

“…Now they have asked two of the three officers appointed by that authority to step aside and honour over to the third person who is was also appointed. That is where I’m not comfortable because if three are appointed and we say they are not legally recognized then the three of them should go away not hand over to another person who was appointed by that authority. That is where the problem is and that is what UTAG is not happy about. Because if you say A and B should not be there why should C remain in office? That is where I expect the minister to come in,” he added.

Court orders UEW Vice Chancellor to step aside

Nortsu-Kotoe‘s remark comes on the back of a High Court order to the Vice Chancellor of UEW, Professor Mawutor Avokeh, to step aside until a case brought against him is determined.

The court order also affected the school’s Finance Officer.

The court made the order in a case brought before it by one, Supi Kofi Kwayera who insisted the Vice Chancellor and the Finance Officer were operating under the institution’s defunct governing council.

–

By: Godwin Akweiteh Allotey/citifmonline.com/Ghana

The post NAPO must intervene in UEW crisis – Minority appeared first on Citi 97.3 FM - Relevant Radio. Always.

He emphatically stated that he did not order the University of Education, Winneba to be shut down as has been widely reported in the media since Tuesday.

[contextly_sidebar id=”BZpZ8ztKpEX3SkjlFJcIPFcuvtenH7as”]His Lordship Mills-Graves gave the clarification today [Friday] at the court when the case was called, indicating he was saddened by how the counsel for the University and the media failed to seek further explanations from the court registry before reporting on the issue.

He said the inaccurate reportage has negatively affected his family.

Counsel for the plaintiff, Alexander Afenyo Markin however jumped to the defence of the media, arguing that the latter cannot be fully blamed for the inaccuracy

He believes a press release by the University announcing the temporary closure influenced the impression that the court had issued an order for the school’s closure.

Counsel for the University and the Ministry of Education that are conjoined as defendants, Peter Zwennes, apologized to the Judge on the issue on behalf of the University authorities, and noted that his client later issued a clarification on the official website of the institution.

Accepting the apology, His Lordship Mills-Graves cautioned lawyers and the media to be very circumspect in relaying what goes on at the court to the public, saying, “The English in court is different from the English outside”.

Lawyer Afenyo Markin also added that it was unfortunate that the case had been misrepresented, adding that such a situation could lead to lawyers courting unnecessary public hatred.

In today’s [Friday] sitting, counsel for the University prayed the court to dismiss the case brought before it by the plaintiff.

He cited three arguments that the High Court had no jurisdiction over the case, the plaintiff did not have the capacity to bring the case to the court, and the fact that there was an impropriety in bringing the case before the High Court  but the plaintiff’s counsel, Afenyo Markin, opposed all three arguments.

The case has been adjourned to July 10, 2017 for judgment to be given on the application for dismissal.

–

By: Joseph Ackon-Mensah/citifmonline.com/Ghana

The post I didn’t order closure of UEW – Judge clarifies appeared first on Citi 97.3 FM - Relevant Radio. Always.

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.

[contextly_sidebar id=”OYhJo6YUChlmXf1jkw5K9vhzP4OABFNO”]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.

–

By: Jonas Nyabor/citifmonline.com/Ghana

The post Lawyer Egbert Faibille to challenge UEW closure in court appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to a press statement signed by the registrar of the school, all of its campuses will remain closed until Friday, June 16, 2017.

[contextly_sidebar id=”KRgj6Y6bRllU8Xkjjbaca9C0y2olEhop”]“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, 16^th 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, 16^th 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.

Campuses of the UEW affected by the closure are Winneba, Kumasi, Ajumako and Mampong-Ashanti.

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 Member of Parliament for  Effutu Constituency, where the University is located, Afenyo-Markin, had his reliefs upheld by the court, pending the determination of the case on Friday.

The Ghanaian Citizen is seeking the following reliefs:

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.

–

By: Jonas Nyabor/citifmonline.com/Ghana

The post Court forces closure of University of Education campuses appeared first on Citi 97.3 FM - Relevant Radio. Always.

It would be recalled that few days ago, a writ was filed at the High Court, Winneba, by one Mr. Komla Onny, for and on behalf of the applicant, Mr. Supi Kofi Kwayera, that the continuation of members of the Governing Council in office is a direct breach of Section 8 Act 672.

[contextly_sidebar id=”yFNEySHkMbSz7fWYqM8B9NYmzlkxMJVV”]The writ was against the University of Education, Winneba, as the 1st Respondent, and the Minister of Education, Ministry of Education as 2nd Respondents respectively.

However, a motion is expected to be moved on Tuesday 13th day of June, 2017 at 9.00 O’clock in the forenoon or soon thereafter by Komla Onny Esq. Counsel for and on behalf of the Applicant here humbly praying the Honourable Court for an Order of Interlocutory Injunction;  restraining the 1st Respondent, its assigns, agents, officers and all other persons acting through the 1st Respondent or claiming to be the lawful representatives of the 1st Respondent from authorizing any payment to any contractor or supplier whose contract is the subject matter of the substantive application before the court.

Again, the injunction is restraining the 2nd Respondent from recognizing any supposed Principal Officer or any person whose mandate as an officer of the 1st Respondent emanated from the defunct Governing Council as the lawful representative(s) of the 1st Respondent until the final determination of the substantive application.

The injunction is also restraining the 1st Respondent and its lawful representatives from making any payment to Ghana Highway Authority or any third party entity including Larmas Construction (GH) Ltd in respect of the Memorandum of Understanding with Ghana Highway Authority for Road Maintenance until the final determination of the substantive application.

According to the writ issued on 23rd May 2017, in November 2009, a Governing Council of the 1st Respondent was constituted. The said Council was to carry out its functions until its mandate lapsed after two years.

It noted that after the end of the two years, the tenure of the Governing Council was further renewed for two years certain thus its mandate expired in November 2013.

However, the 2nd Respondent failed to constitute a new Governing Council for the 1st Respondent after the mandate of the said Governing Council had lapsed, but rather allowed and permitted the defunct Governing Council which had no mandate whatsoever to continue the functions of a properly constituted Governing Council as if same had been properly constituted.

This Mr. Kwayera finds as unlawful and hence his legal action against the University of Education, Winneba.

Even though the full two years mandate and the extension of the Governing Council has expired it is still in office awarding huge contracts disregarding procurement procedure to companies of their choice.

The writ mentioned some of the contracts awarded by the Governing Council as Construction of University of Education (Winneba) GUSSS Commercial Centre, Construction of University of Education GUSSS Hostel at Ajumako campus, Construction of lectures office complex (Winneba campus), Construction of Distance Learning centre and Guest House in Accra and Construction of Distance Learning centre at Sogakope.

The writ stated that the award of contract for the construction of GUSSS Hostel in Winneba at the cost 47,813,639.24 was done without due regard to processes and procedure as required by the Procurement Act.

Again the applicant, Mr. Kwayera was of the view that the purchase of 8 pickups at the cost of GHc 800,000.00 by the 1st Respondent was without adhering to the procedure as stipulated in Procurement Act and its amendment.

The Applicant Mr. Kwayera through his Counsel Komla Onny Esq. was seeking 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 properly appointed council was in breach of Section 8 Act 672.

–

By: Duke Mensah Opoku/citifmonline.com/Ghana

The post Injunction slapped on University Of Education Governing Council appeared first on Citi 97.3 FM - Relevant Radio. Always.