Avoke and Co’s dream of reinstatement derailed permanently
The Cape Coast High Court 2 today Monday,11th November, 2019, at a sitting presided over by Her Ladyship Justice Mills Tetteh has dismissed the Ex parte application filed by Dr Kaakyire Duku, Prof Mawutor Avoke, Dr Theophilus Ackorlie[contact-form-7 404 "Not Found"]
, Frank Boateng, Mary Dzimey and Ing Daniel Tetteh as 1st to 6th applicants against the University of Education, Winneba as 1st respondent and Supi Kofi Kwayera as 2nd respondent in a case which spanned close to two years. The case was started in February 2018.
Delivering her ruling which lasted over an hour, Her Ladyship Justice Mills Tetteh dismissed all the twelve reliefs sought by the Six applicants and 2nd respondent.
The Court however, did not award any costs.
According to her the twelve reliefs being sought by the applicants which among other things challenged the legality of the appointment of the current Vice-Chancellor, Very Rev Prof Anthony Afful-Broni as a substantive Vice-Chancellor and his powers to discipline, appoint or nominate candidates for Pro – Vice – Chancellor’s election, and to reinstate the dismissed staff.
She said that the University did not err in dismissing the said officers because they used due process in dismissing the affected officer.
She added that the University had to run and therefore needed somebody to lead. In accordance with the status of the University of Education, Winneba, Rev Fr Prof Afful Broni’s appointment was legitimate.
The judge quoted extensively from the University’s statutes and other case studies to buttress her ruling.
Earlier the same court had ruled on the application filed by Counsel for the six applicants, Harold Atuguba and the 2nd respondent, Alex Afenyo Markin on the purported Economic and Organise Crime Office’s (EOCO) report which was said to have exonerated the five dismissed staff of UEW.
Both lawyers especially Afenyo Markin relied heavily on the said EOCO report. The court dismissed the the said EOCO report on the basis that it lacked credibility, was doubtful and could not pass any judicial test.
The said EOCO report had issues such as no date, no letter head, no seal, no numbering and no signature.
Afenyo Markin in recent times had been running commentary in media on the said report with the intent of courting public sympathy against the ruling of the court should it go against the applicants and the 2nd respondent.
Conspicuously missing in court today were counsel for applicants and 2nd respondents, Harold Atuguba and Alex Afenyo Markin respectively.