The SRC superior court in the evening of 15th February 2017 quashed the SRC General Assembly’s decision to set aside this year’s SRC Week celebration.
This was done as a result of the suit brought before it in the matter involving Schandorf Ayirebi-Aquah(a level 300 student of the university) vs the SRC President and the legal advisor of the SRC.
The plaintiff, Mr. Schandorf who was represented by counsel Nana Boakye Mensah-Bonsu prayed the court to declare the cancellation of the SRC Week celebration by the General Assembly as unconstitutional. He(Schandorf) based his statement of claim on article 4/2 of the SRC constitution which mandates the SRC to have a week celebration.
When second defendant; the legal advisor to the SRC was asked to respond to the motion of plaintiff, he presented no defence but simply said he agrees to the relief being sought by plaintiff.
The 5 member Judicial panel precided over by Justice K. Quashigah took it upon themselves to cross exemine the legal advisor for his position, and they based most of their questions on the constitutionality of how the date was chosen and whether the office of the Dean of student affairs gave the date as a directive or a response to the executive officers of the SRC.
The court then recessed for ten minutes and reconvened for judgement.
The court derived two issues to be determined although plaintiff only came to court with one issue.
1. Whether or not the date for the week celebration was chosen constitutionally. It was determined by a unanimous decision that the process was unconstitutional, however, since the dean of student affairs gave the directive,it is binding on the SRC per article 2/a of the statutes of the university.
2. Whether or not the General Assembly has the power to cancel the SRC Week celebration. In a unanimous decision, the court declared that General Assembly has no right to cancel the SRC week celebration and their act was unconstitutional therefore null and void.
The General Assembly of the university of Ghana in the early hours of 12th February 2017, while discussing the programs and projects the SRC wants to undertake in the second semester of 2016/17 academic year voted to set aside the conventional and annual SRC Week celebration because they(majority) deemed it as unnecessary.
Schandorf Ayirebi-Aquah a level 300 student of the university and an SRC Presidential aspirant subsequently filed a suit to challenge the constitutionality of their(General Assembly) decision.
By: Oswald K Azumah