A court presided over by the Chief Justice of Akuafo Hall, Emmanuella Doreen Kwofie has ordered the outgoing Junior Common Room (JCR) President of the facility, Kwame Amo Ntow Fianko to hand over power to the newly elected executives by Monday, June 28, 2021.
This comes barely six days after a JCR member of the Hall hauled the outgoing President and his administration to the Judicial Board over what he described as a breach in the constitution of the Hall.
The plaintiff, David Oppong Quarshie sought to among others invoke the original jurisdiction of the court to declare the offices of the departing executives vacant due to the failure on the part of the president to transfer power within the stipulated time under Article 11 (2).
A ruling of court sighted by Univers News on Thursday enjoined the outgoing president to officially hand over office to the newly elected executives of the Hall on or by Monday, June 28, 2021, by 10 pm GMT Prompt.
An order of mandamus has been made against the outgoing president of the Akuafo Hall JCR.
“A writ of mandamus can be issued by a judge at a petitioner’s request when the authority of a higher court is needed to compel an action by an individual person, a government agency, or a lower court to do something they are legally required to do,” Study.com explains
The court has unanimously granted the five substantial reliefs sought by the lead counsel for the applicant, Dominic Ohene Ofori.
The court awarded a sum of GHC 50 to the plaintiff to mitigate his cost of legal fees in a bid “to encourage all members of the hall to freely exercise their rights under the Akuafo Hall JCR Constitution”.
Among others, the ruling of the court stated that it has taken into consideration Article 32(3) of the Students’ Representative Council (SRC) Constitution of the University of Ghana as it declares all offices of the executives vacant.
Article 32(3) of the University of Ghana SRC Constitution stipulates that “The office of an Executive Officer shall become vacant, a. On the expiration of the period specified in clause (1) of this article; or b. If the incumbent dies or resigns from office or ceases to hold office under articles 23, 24, and 25 of this Constitution.”
Univers News gathered that the lead counsel for the defendant who is the Legal Advisor of the Hall filed a motion to request for an extension of time to afford her additional time to file a defense.
The case was first heard on Tuesday, June 22, 2021, but proceedings were adjourned following the grant of a 48 hours grace period to the counsel of the respondent to file a defense.
The two parties involved in the case were, therefore, expected to return to court on Thursday for a proper hearing of the matter to commence.
Sources say, the Legal advisor did not appear in court and as a result, the court unanimously dismissed the motion for an extension of time filed by Counsel for the defendant in light of Order 36; rule 2(a) and (c) of the High Court Civil Procedure Rules (C.II 47)) and the fact that the counsel for the defendant failed to appear in court to move the motion.