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ARCHIBOLD KWADWO DARKO, UNIVERSITY OF CAPE COAST CAPE COAST v. UNIVERSITY OF CAPE COAST, (PER THE VICE CHANCELLOR) OFFICE OF THE VICE CHANCELLOR

2018

COURT OF APPEAL

GHANA

CORAM

  • IRENE C. LARBI (MRS), J.A. (PRESIDING)
  • LAWRENCE L. MENSAH, J.A.
  • A. M. DOMAKYAAREH (MRS), J.A

Areas of Law

  • Administrative Law
  • Civil Procedure
  • Human rights Law

AI Generated Summary

The Court of Appeal (per Justice Angelina M. Domakyaareh, J.A.) dismissed Michael Darko’s appeal from the High Court’s refusal of his constitutional application against the University of Cape Coast. Darko, an M.Phil student, had been dismissed following a Sexual Harassment Committee’s investigation into a complaint by Ms. Bridget Amoafo; he sought prohibition of further Committee action and certiorari to quash the dismissal. The appellate court held the dismissal was founded on the Amoafo complaint, with prior similar misconduct justifiably referenced as aggravating factors. It rejected semantic distinctions between “dismissal” and “expulsion,” finding UCC’s sanctions clause non-exhaustive and expulsion/dismissal permissible. The court concluded Darko had adequate notice and opportunities to be heard, and prohibition could not issue once the Committee’s work had concluded. New matters not raised below could not be introduced on appeal. All grounds failed; the High Court’s judgment was affirmed.

JUDGMENT