[2024]DLSC17479 • April 24, 2024 • Supreme Court •
SOLOMON FAAKYE vs. UNIVERSITY OF GHANA & THE ATTORNEY GENERAL EX PARTE: BENJAMIN AKUFFO DARKO ATTORNEY GENERAL & INSPECTOR GENERAL OF POLICE
The plaintiff, a Ghanaian citizen and lawyer with experience in higher education law, challenged the constitutionality of certain provisions of the University of Ghana Act, 2010 (Act 806) and the University's Statutes, alleging inconsistencies with the 1992 Constitution. He sought declarations that specific sections of the Act and the Statutes were void for violating constitutional provisions relating to governance and appointment powers within the University of Ghana.
read moreJUDGMENT ADJEI-FRIMPONG JSC: My Lords, this matter touches on the governance structure of the premier university of the country, the University of Ghana. It is the 1st Defendant in the matter. The plaintiff who initiated the action, describes himself as a citizen of Ghana and a lawyer with some experience in higher education law and policy. His plaint, put shortly, is that certain provisions of the University of Ghana Act, 2010 Act (Act 806) which establishes the 1st Defendant, as well as the entire Statutes of the University of Ghana by which the 1st Defendant is governed are inconsistent with the 1992 Constitution and hence void. Accordingly, in two separate suits in which he joins in the Attorney General as 2nd defendant, he challenges the constitutionality of the said provisions of the Act and the entirety of the Statutes. He invokes the original jurisdiction of this Court under articles 2(1) and 130(1) of the 1992 Constitution to launch the suits. In the first writ filed on 19...