Supreme Court dismisses Avoke’s reinstatement request

The Supreme Court has dismissed a suit by former Vice Chancellor of the University of Education, Winneba (UEW), Professor Mawutor Avoke, in a controversial case in which he was seeking an order to compel the University to reinstate him.

Professor Avoke went back to the apex court to seek an order for reinstatement, because the Governing Council of UEW did not allow him to take his former position.

A Winneba High Court had earlier found Avoke and the former Director of Finance of the university, Dr. Senyo Ackorlie, guilty of procurement irregularities leading to their removal from office; a ruling which was subsequently overturned by the Supreme Court.

Lawyer for Avoke and Ackorlie, Harold Tivah Atuguba, in November 2018 wrote to the university’s Governing Council directing it to prepare the office of his clients to enable them resume work on Monday, November 26, 2018, following the Supreme Court ruling that quashed a High Court’s decision during the aftermath of the dismissal of the two former officers of the university.

But the Governing Council described as baseless the reinstatement request, and threatened to take action against the two if they dare step foot on campus.

“Finally, I want to state for the avoidance of doubt that your clients still remain dismissed staff of the University and will be declared persona non-grata and dealt with in accordance with the law should they assemble on our campus for the purpose of following your naive advice of coming to re-occupy their former offices; be advised” the Governing Council stated.

This compelled Avoke to go back to court to seek an order for his reinstatement which was also denied.

The genesis of Avoke’s woes

The Winneba High Court in 2017 ordered Prof Avoke, to step aside until the case brought against him and the University’s Governing Council was determined.

The case was taken to court 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 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 formed Governing Council.

Supi Kofi Kwayera also alleged financial and procurement irregularities on the part of the Prof Avoke.

The court, in July 2017,  then ordered Prof Avoke to step aside until a case brought against him and the University’s Governing Council was determined.

Also in July, Prof Avoke, along with four others; the Finance Officer, Dr. Theophilus Senyo Ackorlie; Daniel Tetteh, Mary Dzimey and Frank Owusu Boateng, were interdicted by the school after it emerged that some vital documents at some offices at the centre of an ongoing investigation had disappeared.

They were then found guilty of procurement and other financial irregularities in December 2017.

The irregularities had to do with the monies paid to the contractors of the North Campus Roads project.

In August 2018, the UEW governing council dismissed the five principal officers of the institution after a fact-finding committee had been set up to look into the matter.

Prof Avoke had maintained his innocence and had been challenging his indictment in court.

He took the case to the Labour Division of the Accra High Court, but the case was beyond its jurisdiction.

This compelled his challenge in the Supreme Court.

Supreme Court quashes High Court ruling on Avoke’s removal

The Supreme Court on October 31, 2018, overturned a High Court decision which led to the removal of Professor Mawutor Avoke as Vice Chancellor of the University of Education, Winneba.

According to the unanimous ruling, 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.

Following the Winneba High Court’s ruling in December 2017, Prof Avoke, together with some other Principal Officers of the University, was removed by the school’s Governing Council.

Some lecturers described this as politically motivated.

New VC inducted

Rev. Prof. Fr. Anthony Afful-Broni was subsequently inducted into office as the 4th Vice Chancellor of the UEW despite Prof. Avoke’s case in court.

President Nana Akufo-Addo attended the induction.

Prior to the induction, Prof. Avoke’s former lawyer, Raymond Atuguba, warned the President he would be abetting an illegality if he went ahead with the induction.

This is because of the case that was pending at the Supreme Court challenging Avoke’s removal.

Prof. Atuguba said he was alarmed by the President’s involvement given his “admirable Rule of Law credentials.”

Prof. Atuguba withdrew his representation of the former Vice-Chancellor in open court because he reportedly said he “sensed unseen hands” manipulating proceedings.

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By: citinewsroom.com