The Judicial Board of the University of Ghana Students’ Representative Council (SRC) has cleared the acting SRC president, Nana Kwame Amo Ntow Fianko to continue discharging his constitutionally mandated duties as the chief spokesperson of all students in the school.
This decision was captured in a seven-page judgment on the case between Plaintiff Vanessa Nana Ofosua Okobour versus the SRC president (1st defendant) and the acting SRC Legal Advisor, Nana Kwesi Pocco (2nd defendant).
In a lawsuit, Counsel for the plaintiff, Frederick Agaaya Adongo prayed the court to declare Ntow Fianko as unfit to carry himself out as President of the SRC because, the position he held at Akuafo Hall which made him eligible for appointment as SRC President, has expired.
He further sought an order of the court to, among others, compel the first defendant to abdicate the position of acting SRC
president, divesting him of all privileges attached to that office.
However, a ruling of the court refused those reliefs and gave Ntow Fianko the green light to continue acting in his capacity.
“The essence of the relevant reliefs sought by the plaintiff seek to remove the Acting President of the SRC. Thus, I think it will be improper to consider such reliefs, much less to grant them. Reliefs, as sought by the plaintiff, are accordingly refused. No order as to costs,” part of the judgement from the court reads.
Plaintiff, Vanessa Nana Ofosua Okobour invoked the original jurisdiction of the judicial board to declare that the submission of budgets and programmes to the Executives Committee (EXECOM) for approval and the subsequent approval of same by EXECOM is unconstitutional, null and void.
In its ruling, the court granted this relief as it maintained that happenings on campus suggest that the school is no more in an emergency situation.
“Students now even go for lectures in person and exams will be written in person. Social gatherings which were hitherto banned have happened in recent times, examples being Legon4Jesus and the Gospel Rock Show organized by the SRC. Even the EXECOM has gone ahead to put together bodies such as this board, the Audit Board and the Electoral Commission all in a bid to return student politics and affairs back to normalcy,” the Judicial Board noted.
The Court, as a result, concluded that acts done by the EXECOM from January through to June 20, 2021, were not unconstitutional as the emergency situation still subsisted.
Meanwhile, any act of the EXECOM from then onwards is not constitutional as the emergency situation does not exist anymore.
The Chief Justice of the Judicial Board also ordered the acting general secretary of the SRC, Ruby Nkansah to expedite actions to form a General Assembly in consonance with Article 6(2) of the UGSRC constitution.