The Office of the Legal Counsel, the University of Ghana in its legal analysis says the “existence of or investigation of elections petitions against the just concluded UGSRC election can stand down transitioning/ or swearing-in of the UGSRC executive elect”.
This comes at the back of a petition submitted to the Pro Vice-Chancellor Academic and Students Affairs requesting the office to bring the dean to order on the halt in the transition process of executive elect due to pending petitions before the dean’s office.
In an internal memo sighted by UniversNews addressed to the Pro VC ASA, the Office of the Legal Counsel said it is prudent for handing over ceremony to happen after the submissions of the findings of the Judicial Board or the ad-hoc committee set up by the Dean.
“Consequent upon the findings on issue 1 above, it is prudent to infer that the substantive Executive officers shall hand over to the Executives-elect within 5 days after the recommendation of the adhoc Committee set up by the Dean and declaration on the election petitions by the Dean in line with article 32(2) of UGSRCC.
“The above article presupposes that the substantive Executive Officers shall where an election petition is pending continue to hold office but shall handover within 5 days of a declaration by the Judicial Board or the Dean as inferred.”
“It is therefore our considered opinion that by the provisions of the UGSRCC, the existence or investigation of election petitions against the just concluded UGSRC Elections can stand down transitioning and/or swearing in of the UGSRC Executives-elect until a declaration is made by the Dean upon the recommendation of the Committee and subject to the approval of the Pro Vice- Chancellor (ASA).”
The Office of the Legal Counsel recommended that the substantive executive officers stay in office until findings from the ad-hoc committee or the Judicial Board are made available to the Dean.
“It is therefore our recommendation that the substantive Executive Officers of SRC should continue to hold office pending the expeditious investigation of the election petitions by the adhoc Committee. The substantive Executive officers of the SRC should also be made to handover to the Executives-elect within five (5) days of a declaration by the Dean if the petitions are unsuccessful”
The transitioning and or handing over process to newly elected executives for the 2021/2021 academic year for the University of Ghana Student Representative Council had halted, due to election petitions before the UGSRC Judicial Board and the seven-member committee formed by the Dean of Student Affairs to look into allegations of irregularities and improprieties that occurred during the 2021 UGSRC election.
Students of the University of Ghana went to the polls on Wednesday, October 20, 2021, to elect new executives for the UGSRC.
At the end of polls on the day, Stephanie Naadu Antwi was declared General-Secretary and Daniel Obeng Asamoah as the treasurer-elect by the UGSRC Electoral Commission.
However, the date for the presidential runoff had to be scheduled between the two leading presidential candidates Samuel Amos Ofosu and Prince Asumadu. This was because none of the four presidential candidates secured the 50% + 1 threshold.
Prince Asumadu together with his running mate Wisdom Ndukwe, who trailed behind in the first phase of the elections mounted a huge comeback in the run-off elections by garnering 7,647 votes representing 51.6% of valid votes cast to emerge as President and Vice President elects respectively.
Samuel Amos Ofosu popularly known as Nana B, who led in the first phase of the elections lost by obtaining a total of 7,156 votes representing 48.3% of valid votes cast.
The Nana B team submitted a petition to the Office of the Dean of Students Affairs and the Judicial Board citing irregularities that occurred at the various polling station and an investigation into the matter be conducted.
Some Presiding Officers (Electoral Commissioners of the Halls of Residence) also submitted petitions alleging some inconsistencies and instances of over-voting at their polling station.
The 2nd Deputy UGSRC Electoral Commissioner, Boaz Tsumasi also wrote a petition saying that he did not append his signature to the final declaration sheet of the UGSRC ECs. Also, he alleged that his signature on the declaration sheet was forged.