January 30, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal arises from a High Court ruling that granted all reliefs to lecturers at the University of Education, Winneba (UEW) who challenged the 2017 elections of their local University Teachers Association of Ghana (UTAG-UEW) executives, alleging the disenfranchisement of Kumasi and Mampong campuses and asserting violations of Articles 17, 23, 33, and 296 of the 1992 Constitution. On appeal, the Appellants argued that the dispute was contractual—an alleged breach of UTAG’s Constitution—and thus had to be commenced by writ, not by an originating motion styled as a fundamental rights enforcement. The Court of Appeal agreed, holding that UTAG’s Constitution is a private contract enforceable by writ; Order 19 Rule 2 did not apply because Act 672 created no redress rights; and the High Court’s rulings were against the weight of evidence. The appeal was allowed and the High Court’s orders were set aside.
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