ALFRED TIBIRU ALOA v. UNIVERSITY OF GHANA
2015
COURT OF APPEAL
GHANA
CORAM
- MARFUL-SAU, JA (PRESIDING)
- ACQUAYE, JA
- AGYEMANG, (MRS.) JA
Areas of Law
- Higher Education Law
- Evidence Law
- Administrative Law
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant's appeal was dismissed. The High Court's judgment, which found that the appellant failed to meet the necessary requirements and was grossly insubordinate, was upheld. The reconstituted supervisory committee was lawful, and the supervisors' decision to withhold their signatures on the appellant's thesis was justified and supported by evidence. The court emphasized the importance of the supervisors' role in ensuring the authenticity and integrity of the student's work.
AGYEMANG, JA:
In this appeal, the appellant herein seeks the setting aside of the judgment of the High Court delivered on the 16th of April 2012.
The matters that gave rise to the judgment of the court below are the following:
The appellant herein who was plaintiff at the court below, is a candidate of doctoral studies. On the 23rd of July 2001, the appellant was admitted as a student of the University of Ghana to pursue a three-year course of study that would earn him a Doctor of Philosophy degree in Soil Science.
In line with the regulations contained in the student handbook of 1999, as repeated in the student handbook of 2003 (Exhibit D), certain persons were appointed as his supervisory committee with the mandate to advise him on course requirement, area of thesis, and the topic. At the end of the research period, the appellant was required to produce a signed thesis. The thesis had to be presented with a declaration by the student that interalia, the work of the appellant was produced by original research undertaken independently, under supervision. Members of the said committee were expected to sign the thesis as presented. The supervisory committee was made up of four lecturers, including a major supervisor.
They were:
Professor S.K.A.Danso PhD – Major Supervisor
Dr. Mrs S. Asuming-Brempong -Member
Dr. Yaa Dufie Osei – Member
Dr. J. Ofosu-Anin - Member
The appellant commenced his programme after he submitted a research proposal to his supervisory committee. The appellant’s research proposal which was titled: “Rhyzobium Requirements of Promiscuous and Non-Promiscuous Soybean Genotypes”, was shortened to “Rhyzobium Preference of Two Soybean Types”. The research topic which was original as requisite, hypothesised inter alia that the bradyrhyzobium japonica strains of bacteria capable of nodulating promiscuous (Asian) and non-promiscuous (American) soybean genotypes, occur in Ghanaian soils. The objectives included uncovering the bradyrhizobial requirements of promiscuous and non-promiscuous soybean genotypes - to determine inter alia, which bradyrhyzobia strains nodulate both promiscuous and non-promiscuous soybean genotypes.
The research was aimed at “planning a strategy for effective inoculation and production of soybean to increase the supply of inexpensive plant protein for human and animal consumption and also to enhance the nitrogen contribution to the soil”.
In order to undertake his research, the appellant was required to collect so