Supreme Court quashes UG’s application seeking to annul swearing-in of Asumadu

The Supreme Court has quashed an ex-parte application filed by the University of Ghana seeking to annul the swearing-in of the 2021 Students’ Representative Council (SRC) presidential candidate, Prince Asumadu.

In a six paged motion, the University sought to invoke the supervisory jurisdiction of the Supreme Court to overturn a High Court ruling granting plaintiff, Asumadu an interim and mandatory injunction on SRC electoral processes.

The School argued that the High Court breached the audi alterem partem rule of natural justice when it granted the plaintiff’s application without affording the defendants, who are officials of the University, the opportunity to oppose the application.

The University maintained this turn of events constitutes a fundamental error and denies them their right to be heard.

“The High Court committed a fundamental error of law by giving a ruling on an application for an interlocutory and mandatory injunction when it had not been moved, denying the Applicants [University of Ghana] the opportunity to raise a preliminary objection, if any,” part of the motion reads.

The Court, first, rejected a proposal by the Lawyer of the University of Ghana, Dr Frederick Boamah seeking leave from the court to an adjournment of the case Sine dire.

Univers News gathered a panel of five Supreme Court Justices, however, struck out the Ex-parte application by the University of Ghana on Tuesday, April 5, 2022, following its withdrawal.

It would be recalled that Plaintiff, Prince Asumadu filed a lawsuit on the eve of the 2021 Christmas celebration seeking an interlocutory injunction restraining all five defendants from proceeding with any swearing ceremony that will not see him as SRC President.

Among other reliefs, he prayed the court to impose a mandatory injunction compelling the other four defendants aside from the Chief Justice, to swear in or cause to be sworn in the Plaintiff as SRC President pending the publication of the findings and recommendations of the Dean’s committee.

The 1st, 2nd, and 4th defendants include three top officials of the University of Ghana; the Vice-Chancellor, the Dean of Students’ Affairs, the Registrar with the SRC Electoral Commission and the former Chief Justice of the UG SRC, Regina Apaloo as 3rd and 5th defendants respectively.

In a ruling delivered on March 10, 2022, the Court ordered that Prince Asumadu be sworn in as SRC president within fourteen days.

This decision, however, was never implemented as the former SRC Chief Justice filed an application for appeal barely three hours after the ruling came out.

The management of the University is attempting to resolve the matter internally, claiming that all aggrieved parties agreed to revert to the time of declaration of the 2021 SRC run-off results.