FAAKYE VRS UNIVERSITY OF GHANA (J1/10/2018 & J1/03/2019) [2024] GHASC 36 (24 April 2024)

FAAKYE VRS UNIVERSITY OF GHANA (J1/10/2018 & J1/03/2019) [2024] GHASC 36 (24 April 2024)

The University of Ghana Statutes are administrative guidelines governing internal operations and are not legislative instruments requiring compliance with article 11(7). Section 5 of Act 806 does not violate articles 195(3) or 285, as the Chairperson's role is not dual and does not create a conflict of interest. The President's appointment power under article 70 is limited to the Chairperson and four other Council members; other Council members may be appointed or elected by stakeholders as provided by statute. The relevant statutory provisions are not inconsistent with the Constitution.

Citation
FAAKYE VRS UNIVERSITY OF GHANA (J1/10/2018 & J1/03/2019) [2024] GHASC 36 (24 April 2024)
Parties
Plaintiff: Solomon Faakye; 1st Defendant: University of Ghana; 2nd Defendant: The Attorney General
Court
ghasc
Jurisdiction
Ghana
Judgment Date
24 April 2024
Procedural Posture
Constitutional Challenge (original Jurisdiction) / Final Judgment After Consolidation of Two Writs
Outcome
Plaintiff's consolidated suits dismissed in entirety.
Legal Topics
Judicial Review of Legislation, University Governance, Subsidiary Legislation, Presidential Appointments, Interpretation of Statutes, Conflict of Laws
Source Language
eng
Constitutional Law Administrative Law Education Law Judicial Review of Legislation University Governance Subsidiary Legislation Presidential Appointments Interpretation of Statutes +1 more

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Parties

Solomon Faakye

Plaintiff

University of Ghana

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Constitutional Challenge (original Jurisdiction) / Final Judgment After Consolidation of Two Writs

Legal Issues

  1. 1 Whether Section 5 of the University of Ghana Act (Act 806) designating the Chairperson of the University Council as Principal Officer is inconsistent with articles 195(3) and 285 of the Constitution.
  2. 2 Whether the Statutes of the University of Ghana require compliance with article 11(7) of the Constitution regarding subsidiary legislation.
  3. 3 Whether various provisions of Section 11 of Act 806 on the composition of the University Council are inconsistent with article 70 of the Constitution regarding presidential appointments.

Ratio Decidendi

The University of Ghana Statutes are administrative guidelines governing internal operations and are not legislative instruments requiring compliance with article 11(7). Section 5 of Act 806 does not violate articles 195(3) or 285, as the Chairperson's role is not dual and does not create a conflict of interest. The President's appointment power under article 70 is limited to the Chairperson and four other Council members; other Council members may be appointed or elected by stakeholders as provided by statute. The relevant statutory provisions are not inconsistent with the Constitution.

Court Disposition

Plaintiff's consolidated suits dismissed in entirety.