2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal concerns a dispute over election procedures within the University Teachers Association of Ghana (UTAG) at the University of Education Winneba. The Respondents initially claimed breaches of their fundamental human rights stemming from their disenfranchisement during an election. The High Court ruling granted all reliefs sought by the Respondents. However, upon appeal, the Appellate Court determined that the High Court's jurisdiction was improperly invoked as the case should have been filed by writ and not by originating motion. Furthermore, the ruling was found to be against the weight of the evidence. The appeal succeeded, setting aside the High Court's ruling in its entirety.
JUDGMENT
IRENE CHARITY LARBI (MRS) J.A.
(1) This is an interlocutory appeal emanating from the ruling of the High Court Winneba dated 22nd November, 2017.
(2) The facts leading to the appeal are that the Applicants/ Respondents (hereinafter called Respondents) and the 2nd to 5th Respondents/Appellants (hereinafter called Appellants) are lecturers of University of Education Winneba (1stRespondent/Appellant), which is a Tertiary Institution established under an Act of Parliament (Act 672).
All the parties except the 1st Respondent/Appellant belong to an Association called the University Teachers Association of Ghana (UTAG) of which University of Education Winneba (UEW) is a Chapter.
UTAG, the parent body is governed by the Constitution of the Association of which the parties subscribed and are amenable thereto. Article V (1)(2) of UTAG Constitution provides that the “Association shall be a Company Limited by guarantee”. The said Constitution further states that “ordinary membership shall be opened to all academic (teaching and research) staff of the status of “senior member” of the Public Universities of Ghana”.
(3) The 1st, 3rd, 4th, 5th and 6th Respondents contested elections for local executive positions of University Teachers Association of Ghana (UTAG-UEW) with the 2nd to 5th Appellants and lost the elections to the Appellants. The elections were held pursuant to the provisions of UTAG Constitution. Whereas the Respondent alleged the elections were held pursuant to the UTAG Constitution annexed as Exhibit ‘SAD1’ at page 11 of the record of appeal, the Appellants contended it was held pursuant to the revised UTAG Constitution which they annexed as Exhibit ‘C1’ at page 56 of the record of appeal.
(4) The Respondents claiming that there were breaches of the UTAG Constitution (Exhibit ‘SAD1’) during the conduct of the elections and that same caused their defeat, brought an action before the High Court Winneba by Motion on Notice claiming a breach of their fundamental human rights under Articles 17, 23, 33 and 296 of the 1992 Constitution.
(5) The Respondents in their affidavit in support deposed that elections for Local Executives Winneba Chapter of UTAG-UEW are conducted in all existing campuses at the time of election. Thus in 2011 the elections were conducted in the three (3) existing campuses namely Kumasi, Mampong and Winneba as per Exhibit ‘SDA2’ which is the election results for UTAG-UEW executives held on 1st September, 2011. The same thing