Member of Parliament for Efutu, Hon Alexander Afenyo-Markin has dismissed media reports purporting that the Supreme Court overturned a decision of the Governing Council of the University of Education, Winneba, which led to the dismiss of Prof Mawutor Avoke as Vice Chancellor of the University.
Prof Mawutor Avoke's appointment as Vice Chancellor was quashed by the Governing Council following a High Court order in 2017 that he should step aside until the case was determined.
The case was filed by one Supi Kofi Kwayera who insisted that the Vice Chancellor and the Finance Officer were operating under the institution's defunct Governing Council.
The plaintiff argued that University’s Council’s mandate had expired in November 2013, but the Education Ministry failed to constitute a new Governing Council for the university and rather allowed the defunct Governing Council which had no mandate whatsoever to continue in the functions of a properly constituted Governing Council.
Supi Kofi Kwayera also alleged financial and procurement irregularities on the part of the Prof Avoke.
Prof Avoke, along with four others; the Finance Officer, Dr. Theophilus Senyo Ackorlie; Daniel Tetteh, Mary Dzimey and Frank Owusu Boateng, were also interdicted by the school after it emerged that some relevant documents had gone missing in the midst of investigations into the matter.
A publication on some major news portals on Wednesday, October 31st, 2018, indicated that per a unanimous ruling by the Supreme Court, "the High Court in Winneba failed to take evidence from the parties in the case before granting judgment. The court also stated that the High Court breached the rule of natural justice by failing to give the defendants a hearing. The justices of the apex court said the High Court’s actions amounted to an error of law patent on the record".
Hon. Afenyo Markin, who doubles as the Counsel for the plaintiff, clarified the ruling in an interview with Peacefmonline.com that the said publication is "false and misleading".
According to him, the Supreme Court ruling to overturn the High Court decision regarding the issue has nothing to do with the dismissal of Prof Avoke as Vice Chancellor of the University.
He noted that the case is a separate matter which concerns a relief that Prof Avoke is seeking regarding the case brought to the High Court by the plaintiff, Kofi Kwayera, but nowhere is he challenging his dismissal or asking to be reinstated.
"The matter that came to the court has nothing to do with the dismissal of Prof Avoke. The former Vice Chancellor, Prof Avoke was dismissed by the Governing Council of the University and he was not dismissed by a court order...The matter before the court which ruling was made this morning (Wednesday) simply has to do with Prof Avoke applying to the court in asking the court to order a full trial in the case that Supi Kwayera has brought to court....It has nothing to do with him being reinstated or asked to go to back to work.”
“Avoke was not a party in his suit at the High Court to claim victory...He went under certiorari to say that the decision of the High Court should be quashed because there must be full evidence taken. Now, what that means is that anybody, any citizen can apply for that relief but he didn’t apply for a relief to be reinstated because it is not the court that dismissed him,” Afenyo Markin stated emphatically.