The Winneba High Court at its sitting on Wednesday 18th December, 2019, dismissed an application for stay of execution filed by Dr Frimpong Kaakyire Duku, through his counsel, Alex Afenyo-Markin against the University of Education, Winneba (UEW) on the Pro-Vice-Chancellor’s (Pro-VC) election.
The application sought to challenge the nominations of candidates for the Pro-VC election held on 21st November, 2019.
Counsel for the applicant, Alex Afenyo-Markin, filed a notice of appeal against the ruling of the court which had dismissed his objection to the Pro-VC election of the University.
He subsequently filed a motion for stay of execution so that the Pro-VC election could not come off.
It was after the court had heard the arguments from Afenyo-Markin alone, that it adjourned the matter to 18th December, 2019, for ruling.
The process earlier served on the University Librarian was only later remitted to counsel for the University, who quickly filed an affidavit in opposition to the application on behalf of the University.
Delivering her ruling, Her Ladyship Justice Janapare Bartels Kodwo, indicated that her ruling did not take cognisance of the University’s affidavit in opposition because it was filed late.
Her ruling therefore, was based purely on the merit of the application for the stay of execution filed by applicant through his Counsel Alex Afenyo-Markin.
In the legal reasoning of the Judge, the event which the application sought to stay was moot, because it had already occurred.
The University had elected a Pro-VC who had been confirmed by its Governing Council. The application, therefore, was totally misdirected.
The Presiding Judge, based on the foregoing, dismissed the application.
The position which Afenyo-Markin found himself in in the above case, maybe likened to a football player who has been accorded the opportunity to take a penalty shot for his team, with the goalkeeper, absent. Yet, the penalty taker goes on to miss the golden opportunity of scoring. What a classic miss!!
This brings to about ten, the number of applications lost in succession at the law courts with regards to actions against UEW by Alex Afenyo-Markin and his bunch of lovers of litigation who have no better use of their ill-gotten wealth. A perfect application of the saying: “Easy come, easy go”.