The University of Ghana Students Representative Council (UG SRC) legal advisor, Bright Atsu K. Agbetsise has criticized the alleged establishment of an appeals board by the Dean of Students Affairs to address cases related to the 2024 UG SRC elections, describing it as “procedurally flawed.”
In a letter dated September 13, 2024, addressed to the Dean of Students Affairs, Agbetsise asserted that the issues before the Judicial Board are constitutional matters that require interpretation. He referenced Articles 3(2) and 44(3) of the UG SRC constitution, which give exclusive jurisdiction to the Judicial Board.
Agbetsise contends that the formation of the alleged Appeals Board, which was initiated due to the Judicial Board’s delay in delivering a judgment within the Pro Vice-Chancellor for Academic and Student Affairs’ specified timeframe, was unjustified.
The SRC’s legal advisor criticized chief justice Julius Kwame Anthony for independently nominating Miss Ama Owusua as his representative on the Appeals Board, highlighting a violation of Article 48(1)(C) of the SRC constitution. This article states, “the chairperson of the Judicial Board, or in his absence, a member nominated by other members of the Judicial Board.”
Agbetsise stressed that this action was improper, further asserting that a delay in the board’s decision-making, which falls under the chief justice’s jurisdiction, does not warrant shifting authority to an Appeals Board.
He further argued that even if the alleged Appeals Board had been appropriately constituted, it would still lack the authority to preside over these matters, citing Article 48(1) of the SRC constitution, which states: “without prejudice to any provision of this Constitution, an appeal shall lie as of right from a judgement or order of the Judicial Board to the Appeals Board whose decision shall be final.”
Agbetsise also voiced concerns over the absence of communication from the Dean of Students Affairs about the formation of the Appeals Board and its scheduled hearing, emphasizing his role as the SRC’s legal advisor and an involved party in the case.
Below is the from the legal advisor:
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Story by: Abdul Wahab | universnews.ug.edu.gh
