The Supreme Court on Wednesday, 31st October, 2018 by a unanimous decision, quashed the Judgment of the Winneba High Court, which purportedly removed from office the Vice Chancellor of the University of Education, Winneba (UEW), Prof. Mawutor Avoke.
This is the second time the Supreme Court has quashed a judgment of the Winneba High Court, purporting to remove the duly appointed Vice Chancellor of UEW.
All the Supreme Court judges, who sat on the case, agreed that the Judgment of the WINNEBA High Court, based on which Vice Chancellor, Prof. Mawutor Avoke was removed from office is “wrong, stands quashed, and is therefore null and void, and of no effect.”
This unanimous decision of the Supreme Court places in sharper focus the request made a few weeks ago, by Prof. Raymond Atuguba, Counsel for Prof. Mawutor Avoke, for the Governing Council of the University of Winneba to put a hold on the induction and investiture of a new Vice Chancellor and for the President of the Republic not to attend the hurriedly organized induction and investiture of a new Vice Chancellor at a time a date had already been fixed by the Supreme Court for Judgment in the case brought by the embattled Vice Chancellor, Prof. Mawutor Avoke.
The Supreme Court noted that having failed to take evidence from the parties before purporting to grant a judgment in default of Defence on purely declaratory reliefs, the High Court, presided over by Justice George Atto Mills-Graves in its judgment dated 2nd May, 2018, had grievously erred and the said error was patent on the face of the record and went to excess of jurisdiction.