REPUBLIC v. HIGH COURT, CAPE COAST

DOTSE, JSC:-

In the celebrated case of Republic v High Court (Fast Track Division); Ex-parte State Housing Co. Ltd. (No. 2) Koranten-Amoako Interested Party, [2009] SCGLR 185 at 190 the Supreme Court, per Wood C. J. stated authoritatively as follows:-

“A party who disables himself or herself from being heard in any proceedings cannot later turn round and accuse an adjudicator of having breached the rules of natural justice.”

In this application before us, the principles of law espoused in the case referred to supra will be called upon as aid in determining whether the Application filed by the Applicant herein, John Bondzie Sey (hereafter) referred to as the Applicant) will succeed.

It must be noted that, in this application before this court, the Applicant’s capacity to mount this application has been founded upon the decision of this court in the case of Federation of Youth Association of Ghana (FEDYAG) v Public Universities of Ghana and Others [2010] SCGLR at 265 where the court held that:-

“Under article 2 (1) of the Constitution 1992, the Plaintiff as a citizen of Ghana, had the locus standi to bring an action in the Supreme Court. The requirements like the existence of “dispute” or “controversy” or “personal interest” were unnecessary.” The Applicant thus has capacity in the instant application.”

WHAT THEN ARE THE RAW FACTS OF THIS CASE?

On February 22nd 2018, at a Governing Council meeting of the University of Education, Winneba (herein after referred to as “UEW”) and the Interested Party herein, Dr Samuel Ofori Bekoe who was a representative of convocation on the council, was alleged to have misconducted himself. Dr Bekoe is reported to have said “if this thing does not stop from tomorrow, I will start chasing people with a cutlass. Tomorrow is academic Board Meeting and I will come butchering people with a cutlass.”

Thereafter, Dr Bekoe was reported to the police by some Governing Council members.

An Investigation Committee was set up by the Ag. Vice Chancellor, Rev, Fr. Prof A. Afful-Broni to investigate the reasons for Dr Bekoe’s actions and make the appropriate recommendations. The Investigation Committee invited Dr Bekoe to attend and respond to the complaints levelled against him. Dr Bekoe failed to honour any of these invitations.

The reason for his absence was attributed to, his appearance at the District Court to answer a threat of harm charge and a meeting with his lawyers in Accra. The Investigation Committee proceeded to ma