This week, the Cape Coast High Court granted an injunction against the Vice-Chancellor filed by John Mevemeo, a resident of Millennium City-Kasoa in the Central Region.

The court’s decision restrains Prof. Nyarko Boampong from acting as Vice-Chancellor.

This follows the university’s decision to renew Prof. Nyarko Boampong’s appointment until July 31, 2026.

Subsequently, lawyers for the embattled VC filed for a stay of execution.

Addressing a special congregation to confer a doctorate on the Asantehene, the Vice-Chancellor called for Otumfuo’s intervention.

Prof. Nyarko Boampong said the current injunction was damaging the management of the university and appealed to the Asantehene to intervene before it’s too late.

“Such actions driven by external pressures risk running us down into an era of confusion in this country.

“It is at this critical venture that we turn to your leadership, your majesty. We face challenges today, particularly between our beloved University of Cape Coast,” he said.

Source: Myjoyonline.com

ALSO READ:

• High Court restrains Prof. Nyarko-Boampong from holding himself out as UCC VC
• UCC Vice-Chancellor files for stay of Execution over injunction order by High Court

The stay of execution was filed a few hours after the High Court in Cape Coast granted an injunction filed by one John Mevemeo, a resident of Millennium City-Kasoa in the Central Region, against the Vice-Chancellor of the University of Cape Coast, Prof Johnson Nyarko-Boampong.

Mr Mevemeo is challenging the University of Cape Coast’s decision to renew Prof Nyarko-Boampong’s appointment until July 31, 2026, arguing that it violates the 1992 Constitution and should be declared null and void.

The lawyers of the University of Cape Coast and the Vice-Chancellor are contesting how the learned trial judge came to its decision to grant the injunction application.

According to the lawyers, the learned judge erred when he granted the interlocutory injunction filed on the 31st day of July 2024 by the plaintiff.

They argue that the judge erred when he erroneously failed to consider that the plaintiff/applicant did not have any right cognizable under the law in terms of the contract that existed between the University and the Vice-Chancellor.

Furthermore, they aver that the learned judge also erred when he erroneously failed to conclude that the plaintiff applicant could not demonstrate any form of hardship that it would suffer should the injunction be refused.

A further contention by the lawyers is that the learned judge erred when he failed to consider the mootness of the application as the Vice-Chancellor had already commenced his renewal term before he was notified of the injunction.

To them, the judge failed to consider that the balance of convenience was in favour of the University and the Vice-Chancellor.

Based on the above grounds, they want the ruling of the High Court dated the 4th day of September reversed.

Source: Richard Kwadwo Nyarko

READ ALSO:

• High Court restrains Prof. Nyarko-Boampong from holding himself out as UCC VC
• GES meets family of O’Reilly SHS student stabbed to death
• Galamsey: Large part of Tano Anwia Forest Reserves decimated by illegal miners

This decision follows a series of procedural and statutory considerations outlined by the University Council.

Prof. Nyarko-Boampong was appointed as Vice-Chancellor on August 15, 2020, for a four-year term, which was set to conclude on August 14, 2024.

However, a recent notification from the University Council has declared the purported renewal of his appointment void.

The Council had previously extended his term by two years during a meeting on July 28, 2023, but this extension was found to breach the University’s statutes.

According to the Council, the extension violated several provisions including the compulsory retirement age for public servants at age 60 Prof. Nyarko-Boampong will turn 60 on September 18, 2025, making the two-year extension impractical.

Secondly, UCC’s statutes restricts the renewal of the Vice-Chancellor’s term to a maximum of three years, provided it does not extend beyond the statutory retirement age of 60 years.

The Council’s two-year renewal would have extended Prof. Nyarko-Boampong’s tenure beyond this age limit.

Consequently, the University Council has directed Prof. Nyarko-Boampong to immediately hand over his duties and all official effects to the Pro Vice-Chancellor.

The Pro Vice-Chancellor will act as the Vice-Chancellor from August 1, 2024, until a new and substantive Vice-Chancellor is appointed.

Despite the termination of his role as Vice-Chancellor, Prof. Nyarko-Boampong retains his position as a senior member of the University.

The Council has invited him to apply for a term renewal that aligns with statutory requirements and does not breach the Constitution or the University’s statutes.

Find attached official letter:

A resident of the Millennium City-Kasoa in the Central Region, John Mevemeo is seeking a declaration that the decision by the University of Cape Coast (UCC) to renew Prof. Johnson Nyarko-Boampong’s appointment as Vice Chancellor until July 31, 2026, is in violation of the 1992 Constitution and should be declared void.

The order for an interlocutory injunction is sought to restrain Prof. Nyarko-Boampong from performing any duties as Vice Chancellor upon the expiration of his current term, pending the final determination of the suit.

Mr Mevemeo argues that the UCC Council’s renewal decision breaches Article 199(1) of the Constitution and statutes 8.15 and 8.16 of the UCC Statutes 2016.

He requests the court to set aside the July 28, 2023, decision and issue a perpetual injunction preventing the defendants from acting upon this renewal.

Prof. Nyarko-Boampong’s initial four-year term as Vice Chancellor began on August 1, 2020, and was set to end on July 31, 2024.

According to the UCC statutes, his tenure could be renewed for up to three years, provided it does not extend beyond the statutory retirement age of 60.

The plaintiff contends that, given Prof. Nyarko-Boampong was born on September 18, 1965, he should retire by September 18, 2025, rendering the extension to July 31, 2026, illegal.

The plaintiff says despite this, the UCC governing council, which has the authority to appoint the vice chancellor, held a meeting on Friday, July 28, 2023, where the VC’s appointment was renewed for another term extending to July 31, 2026.

The plaintiff further argues that this renewal is contrary to law and a clear breach of Article 199(1) of the 1992 Constitution.

“Prof. Johnson Nyarko-Boampong was appointed Vice Chancellor of the University of Cape Coast for a four-year term starting on August 1, 2020, and ending on July 31, 2024.

“His tenure was subject to renewal for up to three additional years, provided it did not extend beyond the statutory retirement age of 60 years.

“Prof. Nyarko-Boampong’s engagement letter aligns with Statute 8.2 of the University of Cape Coast Statutes 2016 and Article 199(1) of the 1992 Constitution of Ghana,” he averred.

The plaintiff also claims the UCC Council did not comply with the procedural requirements for appointment and renewal as outlined in Statutes 8.15 and 8.16 of the UCC Statutes 2016 and Article 195(3) of the 1992 Constitution.

He insists that these procedural lapses will be proven during the hearing and asserts that his lawsuit raises serious triable issues.

“The procedure for appointing the Vice Chancellor, as outlined in Statutes 8.15 and 8.16 of the University of Cape Coast Statutes, 2016, and Article 195(3) of the 1992 Constitution, was not followed, and this will be demonstrated during the hearing.

“All parties have submitted proposed issues for trial, indicating that there are substantial triable issues for the court to decide, showing that the suit is not frivolous.

“The UCC statute provides sufficient provisions for the university’s administration in the event that there is no Vice Chancellor or if the Vice Chancellor is unable to perform his duties.

“The university will not suffer any hardship if the Vice Chancellor is restrained from performing his duties after his current tenure ends on July 31, 2024,” Mr. Mevemeo states.

The plaintiff further notes that the UCC statutes provide for the administration of the university in the absence or incapacity of the Vice Chancellor, arguing that the university will not face undue hardship if Prof. Nyarko-Boampong is restrained from performing his duties after his current tenure expires on July 31, 2024.