The judicial board of the University of Ghana Students’ Representative Council (SRC) has ordered the acting SRC chief scribe, Ruby Nkansah to constitute a general assembly for students latest by July 27, 2021.
The board emphasized that the general secretary of the SRC faces no obstacle to forming a parliamentary arm for the Council following her appointment and assumption of office.
“Nothing stands in the way of the Secretary from fulfilling her mandate; counsel for the defendants stated that it was because no Electoral Commissioner had been appointed that is why the General Assembly was not constituted. Now, the EC has been appointed and set up. Nothing stands in the way of the General Secretary from fulfilling her duties and so this Board orders her to begin the process in accordance with article 6(1). This should be done 19th July 2021 to 27th July, 2021,” the Court ruled.
This ruling of the court comes barely ten days after the former deputy speaker of General Assembly, Vanessa Nana Ofosua Okobour hauled the acting SRC president before the judicial board over what she described as an unconstitutional approval of budgets and programmes for the first and second semester by the Executive Committee (EXECOM).
Counsel for the Plaintiff, Frederick Agaaya Adongo argued that EXECOM failed to act in the confines of the same constitution that empowers it with emergency powers.
The judicial board speaking through the Chief Justice of the SRC, Regina Apaloo clarified that the school is no more in an emergency situation which emboldens EXECOM to exercise emergency powers in approving budgets among others.
“Board concludes that acts done by the Execom from January through to June 20th 2021 were not unconstitutional as the emergency situation still subsisted. Any act of the EXECOM from then onwards are not constitutional as the emergency situation does not exist anymore,” portion of the ruling reads.
The Court further declared that the approval and/or implementation of budgets and programmes for the second semester was not carried out in emergency situations and thus unconstitutional.
This then implies that the approval of a budget for the second semester which was done in July this year was an unconstitutional act.
The Board added that, on the basis of public policy reasons, it will not grant any eventual motion that will seek to ask the acting executives and agents for a refund.
“Monies allocated have been for the betterment of the Student Body, directly or indirectly. Monies used for such a purpose cannot be asked to be refunded,” the Court explained.