ALIMATU QUAYE & ORS VS GHANA INSTITUTE OF JOURNALISM
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE AYITEY ARMAH-TETTEH
Areas of Law
- Civil Procedure
- Constitutional Law
- Education Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs, as Interim Executives of the SRC at the Ghana Institute of Journalism, sought legal validation of their appointment following the suspension of elections due to COVID-19. The court examined whether the SRC President's suspension of the election clause and subsequent appointment of Interim Executives were constitutional. The court found that since the SRC President's tenure had expired before invoking Article 30 to suspend the constitution, his actions were null and void. Additionally, while Management has the mandate to maintain institutional order, disputes over the SRC Constitution should be addressed by the Judicial Committee. The court dismissed the Plaintiffs' action, emphasizing the need for clear provisions in the SRC Constitution to handle such eventualities.
FACTS
At the time this action was mounted, the Plaintiffs were students of the erstwhile Ghana Institute of Journalism (Defendant) which is now the Institute of Journalism a constituent of the University of Media, Arts and Communication established by the University of Media, Arts and Communication University of Media, Arts and Communication Act 2020(Act 1059). The objective of the Institute of Journalism established under the Act is to train students in the skills and techniques of journalism, mass communication, advertising, public relations, information technology and any other related subject that the Council of the University may determine.
PLAINTIFFS’ PLEADINGS It is the case of the Plaintiffs that they are some of the Interim Executives of the Student Representative Council (S. R. C. ) of the Ghana Institute of Journalism (G. I. J). According to Plaintiffs Per Article 20(1)(b) of the G. I. J. – S. R. C. Constitution, SRC Elections are to be held between the 8th and 12th weeks after reporting for the second semester of the academic year.
However, during the COVID-19 pandemic, the Defendant Institution had to close down and lectures were conducted online with the consequence that election for the SRC Executives could not take place.
It is the further case of the Plaintiffs that the SRC Executives at the time whose tenure had expired stayed in office and later in accordance with Article 30 of the SRC Constitution suspended the part of the constitution that deals with elections of the SRC Executives.
The President in accordance with the SRC Constitution and in consultation with the General Assembly, the Judicial Committee and the Chief Justice set up a consultative committee that eventually appointed an Interim Executive of the SRC.
The event which seems to have provoked the Plaintiffs’ present action according to them is that Management of the Defendant Institute issued a communique to the effect that they would no longer recognize the Interim SRC Executives, following a petition they had allegedly received from some concerned students.
Management tasked the Dean of Students to ensure the setting up of a fifteen (15) member Interim Management Committee to run the affairs of the student body with a mandate to organize SRC Elections.
The Interim Management Committee opened nominations for the elections commencing 26th March 2021 and ending 27th March 2021. This action the Plaintiffs deemed an interference in the affairs and a violation of the SRC