SOLOMON FAAKYE v. UNIVERSITY OF GHANA and other

In consolidated original jurisdiction suits, Solomon Faakye challenged provisions of the University of Ghana Act, 2010 (Act 806) and the University of Ghana Statutes as unconstitutional. He argued that designating the Chairperson of the University Council as a Principal Officer violates Articles 195(3) and 285, that the University Statutes are legislative instruments requiring Article 11(7) compliance, and that numerous Section 11 provisions concerning Council composition unconstitutionally constrain the President’s Article 70 appointment power. The Supreme Court, per Adjei-Frimpong JSC, first held that jurisdiction was properly invoked despite the writ’s omission of Article 130. On merits, the Court interpreted Sections 33 and 34 to treat the Statutes as administrative guidelines for internal governance, not legislative instruments, so Article 11(7) and the alternative Article 296(c) claim did not apply. It rejected the Section 5 challenge, finding no dual service or conflict under Articles 195(3)/285. Relying on Theophilus Donkor and Ex parte Bondzie Sey, the Court harmonized Sections 8(1) and 11, limiting the President’s appointments to the chairperson and four members, with other seats filled by office, election, nomination, or representation. Both suits were dismissed.