E. V. QUANSAH AND UNIVERSITY OF CAPE COAST [1995]DLCHRAJ5755

Date	1995-01-04
Suit No.	Our Ref: CHRAJ/353/94/4A
Citation No.	[1995]DLCHRAJ5755

B. K. OPPONG

[1995]DLCHRAJ5755
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">E. V. QUANSAH<o:p></o:p>&nbsp;(PETITIONER)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B050">UNIVERSITY OF CAPE COAST <o:p></o:p>(RESPONDENTS)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">(CHRAJ)<o:p></o:p>

Our
Ref: CHRAJ/353/94/4A&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 04/01/1995<o:p></o:p>

</div>commissioner:<o:p></o:p>B. K. OPPONG DEPUTY COMMISSIONER (LEGAL/OPERATIONS) <span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#161600">FOR <span style="font-size:12.0pt;line-height:115%;
font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#111100">COMMISSIONER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DECISION<o:p></o:p>

</div>E.V. Quansah, petitioner herein, was the Director of Development
at the University of Cape Coast until his appointment was terminated on October
4th 1991.<o:p></o:p>Petitioner said the reasons given for the termination were:<o:p></o:p>1.&nbsp;&nbsp; Prolonged inefficiency,
and<o:p></o:p>2. demonstrated unprofessional attitude to work.<o:p></o:p>He said he received news of
the termination with surprise because barely a year earlier in 1990 the
Appointments and Promotions Board had considered and renewed his contract for a
further six years.<o:p></o:p>Petitioner maintained that the reasons given for termination of
his appointment were "false and cannot be supported" because his
achievements in the University could not be made without "high
professional and managerial expertise". In addition to challenging the
reasons for respondents" action, petitioner contended also that he was
entitled to accumulated leave of 257 days (51 weeks) which period was not
considered in computing his benefits. According to petitioner if his
accumulated leave was taken into consideration, his period of service would
have totaled nine and half years, only six months from the ten years period for
which he would have qualified for pension.<o:p></o:p>In their comments on the petition respondents said in September,
1990, the PNDC Government passed PNDC Law 243 which established the Interim
Administration Committee (IAC)<o:p></o:p>Whose mandate was to "perform the functions and exercise the
powers of the University Council and the Senate and to be responsible for the
administration of the University."<o:p></o:p>Respondents said as part of
its functions the I.A.C. was to "review the staff of the University
including assessment of the credentials of members with a view of establishing
and maintaining accepted standards of efficiency".<o:p></o:p>In pursuit of the above function the I.A.C., according to
respondents, submitted a report to the<o:p></o:p>Government which acted thereon by terminating the appointments of
nine staff of the University including the instant petitioner.<o:p></o:p>Respondents said the I.A.C.
had worked with petitioner for over a year, "and their assessment of him
could only be based on what they saw of his performance and the deterioration
of University facilities which led to student’s agitation in 1988".<o:p></o:p>Respondents indicated also
that some staff members whose appointments were terminated in the same manner
as petitioner sought redress in court but they did not succeed.<o:p></o:p>