THE REPUBLIC v. UNIVERSITY OF EDUCATION, WINNEBA & ANOR
May 15, 2026
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE FELIX DATSOMOR (JUSTICE OF THE HIGH COURT)
Areas of Law
- Administrative Law
- Civil Procedure
May 15, 2026
HIGH COURT
GHANA
CORAM
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[1] On 4 July 2023, the Applicant herein, Reverend Father Professor Anthony AffulBroni, brought an application for judicial review under Order 55 Rule 1(a) and (c) of the High Court (Civil Procedure) Rules, 2004 (CI 47). By the instant application, the Applicant seeks from this Court against the Respondent (University of Education, Winneba) an order of certiorari to bring up to this Court for the purposes of quashing some adverse findings made against him contained in a letter dated 22 May 2023 emanating from an Investigation Committee Report conducted by the Respondent. The Applicant also seeks a further order prohibiting the Respondent from instituting disciplinary proceedings against the Applicant. The application was anchored onthree main grounds, namely: error of law patent on the face of the record, want of jurisdiction and breach of the rules of natural justice.
[2] The application was not left unopposed. It was resisted by the Respondent via an affidavit in opposition sworn to by one Wilhelmina Tete-Mensah (Mrs), the Acting Registrar of the Respondent, filed on 21 February 2025. In order to appreciate the instant ruling and also give it the requisite perspective, I deem it quite imperative to give a brief resume of the facts leading to the instant application as can be gleaned from the affidavits filed by the parties. I note that the nub of the application can be distilled from the affidavit in support sworn to by one Jonathan Aryee, a clerk at the law office of Counsel for the Applicant.
[3] The Applicant describes himself as a retiree of the Respondent as well as an ordained priest of the Catholic Archdiocese and a Professor of Educational Administration and Management. The Applicant was in the employ of the Respondent for 21 years, and during that period, he rose through the ranks to become the Vice Chancellor of the Respondent from 2018 to 2021. It is the case of the Applicant that during his reign as the Vice Chancellor of the Respondent, the financial statements of the Respondent were fully audited each financial year by the Auditor-General without any query whatsoever till he attained the compulsory retirement age and thereby retired honourably in September 2021. However, he received an email out of the blue on 6 January 2023 from one Wilhelmina Tete Mensah (with address wtetemensah@gmail.com) with an attachment of a fuzzy photograph of a letter purportedly emanating from the Respondent inviting him to present himself on Wednesday 11 Jan
AI Generated Summary
This High Court judicial review concerns Reverend Father Professor Anthony Afful‑Broni, a former Vice Chancellor of the University of Education, Winneba (UEW), who sought certiorari and prohibition to challenge adverse findings in a 22 May 2023 letter issued after a UEW investigation committee inquiry. Afful‑Broni, retired in September 2021, received a 6 January 2023 invitation via the acting Registrar’s personal email with a fuzzy letter to appear on 11 January. After he notified UEW he was abroad and available on 30 April 2023, UEW re‑invited him to appear on 9 February 2023 and informed the Metropolitan Archbishop of Cape Coast. UEW asserted audits for 2019–2021 revealed improprieties and provided a Zoom link. Emphasizing that judicial review is procedural, the Court applied Articles 23 and 296, found UEW failed to afford reasonable time and opportunity to be heard (procedural impropriety), and held the audi alteram partem breach rendered the findings a nullity. The Court rejected the Applicant’s error of law and want of jurisdiction arguments, citing UEW’s Statutes and Act 672, but granted certiorari and quashed the 22 May 2023 findings; no costs were ordered.