The Bolgatanga High Court has issued a directive for the removal of two key officials from the C.K. Tedam University of Technology and Applied Sciences in Navrongo.
The Vice-Chancellor, Professor Eric Magnus Wilmot, and the Registrar, Dr. Vincent A. Ankamah Lomotey, have been ordered to step down from their positions having exceeded the compulsory retirement age of 60.
The court, presided over by Justice Charles Adjei Wilson according to a report by Graphic.com.gh, followed a case filed on March 20 by Joseph Pwoawuvi Weguri against the university, the Attorney-General, Prof. Wilmot, and Dr. Lomotey.
Weguri sought a declaration nullifying the appointments of the VC and Registrar and requested the reimbursement of all funds received during the period of their disputed tenure.
Justice Wilson clarified that the two defendants did not fall under Article 70 office holders, emphasizing that public officers in tertiary institutions could only continue beyond the retirement age through contractual employment.
In this case, the court found no evidence of a contract for an extension of their time in office.
Consequently, the court issued a perpetual injunction restraining the two from holding themselves out as VC and Registrar. They are also prohibited from performing any duties associated with their positions. The university's governing council will now appoint an interim management board until the selection of new officials.
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In December 2020, the university appointed Prof. Wilmot and Dr. Lomotey for a four-year term after their official retirement ages of 60 in August 2021 and April 2022, respectively. Despite reaching the compulsory retirement age, they remained in office.
Weguri's statement of claim argued that public service laws, particularly Article 199 of the 1992 Constitution, mandated retirement at the age of 60.
He cited circulars from the Ghana Tertiary Education Commission and the Ministry of Finance cautioning against post-retirement contracts.
The plaintiff contended that the appointments were not only unlawful but also illegal, and he petitioned the Minister of Education and the university for their removal. However, the governing council, in a determination on January 12, 2023, deemed the appointments in compliance with the law.
The defense, represented by Assistant State Attorney Louisa Babilah, argued that the university's statute, referenced by the plaintiff, did not apply to the appointment of foundation VC and Registrar. She contended that the interim appointments were converted to full-term appointments by the university's council on December 1, 2020.
Following the court's decision, the university's governing council, in an emergency meeting on November 28, 2023, appointed Prof. Samson Abah Abagale as the acting Vice-Chancellor and Gilbert Ansoglenang as the acting Registrar. The council has initiated processes for the appointment of a substantive VC and Registrar.
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