In a recent ruling by the Bolgatanga High Court, two principal officers of the C.K. Tedam University of Technology and Applied Sciences in Navrongo have been removed from their positions. The Vice-Chancellor (VC), Professor Eric Magnus Wilmot, and the Registrar, Dr Vincent A. Ankamah Lomotey, were found to be in office despite reaching the compulsory retirement age of 60. This landmark decision not only emphasizes the importance of adhering to retirement age limits but also underlines the significance of making appointments in accordance with relevant legislation and statutes.
Background
The legal proceedings were initiated by Joseph Pwoawuvi Weguri, who filed a joint case against the university, the Attorney-General, Prof. Wilmot, and Dr. Lomotey on March 20, 2023. The plaintiff sought a declaration that the appointment of the VC and Registrar was null and void due to their surpassing the retirement age. Furthermore, the plaintiff requested an order for the officers to refund all sums of money received during their period of nullity, including salaries and allowances. The court, presided over by Justice Charles Adjei Wilson, carefully examined the case and delivered a consequential ruling.
Court Ruling
Justice Adjei Wilson ruled that the VC and Registrar did not fall under Article 70 office holders and could only continue in office beyond retirement age if there was a contractual employment agreement in place. Consequently, the court issued a perpetual injunction restraining the two officers from holding themselves out as VC and Registrar and from performing any duties or functions associated with their positions. This ruling serves as a reminder to all public officers to comply with retirement age limits stipulated by law.
University's Position
The university had appointed the VC and Registrar for a full term of four years after their retirement from public service in December 2020. However, the plaintiff argued that public service laws in Ghana required officers to retire at the age of 60. The defendants' counsel contended that while Act 1,000 empowered the university to appoint its officers, including the VC and Registrar, the specific provision referenced by the plaintiff did not apply to the appointment of foundation VC and Registrar. The interim appointment of the officers in April 2020 was later converted to a full-term appointment on December 1, 2020, by the university's council.
Implications and Way Forward
Following the court ruling, the governing council held an emergency meeting on November 28, 2023, and made interim appointments. Prof. Samson Abah Abagale has been appointed as the acting Vice-Chancellor, while Gilbert Ansoglenang assumes the role of acting Registrar. The council has also initiated processes for the appointment of a substantive VC and Registrar. This demonstrates the commitment of the university to uphold good governance practices and ensure accountability in its leadership positions.
Summary
The Bolgatanga High Court's ruling serves as a significant reminder to all public officers to respect retirement age limits as prescribed by law. It reinforces the principles of good governance and accountability in public institutions. By ensuring that appointments are made in accordance with relevant legislation and statutes, organizations can maintain transparency and uphold the integrity of their operations. This landmark decision is expected to set a precedent for future cases involving similar circumstances, promoting adherence to retirement age limits and strengthening governance practices across various sectors.
(This article is sourced from graphic.com.gh and curated by Belinda Adams | Mydailyreports24)
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