COMMONWEALTH CASE: UG HAS FILED A PETITION FOR CERTIORARI AT THE SUPREME COURT TO REMOVE 'OLD VANDAL' JUDGE SITTING ON THE CASE

Story by: Samuel K. Owusu

The University of Ghana has boldly filed a petition for certiorari at the Supreme Court of Ghana to remove an 'old vandal' judge sitting on the new residential policy case. This decision was taken after the Accra High Court issued an order of injunction asking the University to halt the implementation of the new residential policy, which the University had recently introduced


Read also: PRESS STATEMENT: UPDATE ON 2022/2023 UG APPROVED FEES/CHARGES: NEW RESIDENTIAL ARRANGEMENTS AND MATTERS ARISING: https://skobureau.blogspot.com/2023/02/press-statement-update-on-20222023-ug.html


The new residential policy is aimed at improving the quality of residential facilities on campus, with a particular focus on enhancing the living conditions of students. The new residential policy, where accommodation in traditional halls is reserved for freshers, is being rolled out progressively, starting from Commonwealth Hall and Mensah Sarbah Hall. The policy is to enable freshers to settle easily into university life in the first year.

However, the policy has been met with resistance from some students and alumni of Commonwealth Hall, who argue that it will lead to the displacement of current residents and the destruction of Hall's unique culture and tradition.

The case has been ongoing for some time, with the University and the Hall engaging in discussions aimed at finding a resolution to the impasse. However, the talks have not yielded any significant results, and the matter was eventually taken to court.


Read also: UG MANAGEMENT'S RESPONSE TO COMMENTS BY SOME MEMBERS OF PARLIAMENT ON THE NEW UG RESIDENTIAL POLICY: https://skobureau.blogspot.com/2023/03/ug-management-has-responded-to-comments.html


The University's decision to file a petition for certiorari at the Supreme Court is a significant development in the case. Certiorari is a legal process that allows a higher court to review a lower court's decision. In this case, the University is seeking to have the Supreme Court review the decision of the Accra High Court to issue an order of injunction.

The University argues that the 'old vandal' judge sitting on the case has demonstrated bias and prejudice against the University and its representatives. The University believes that this bias has influenced the judge's decision to issue the order of injunction, which has effectively stalled the implementation of the new residential policy

The University's decision to file a petition for certiorari is a legal manoeuvre that seeks to challenge the legitimacy of the lower court's decision. If the Supreme Court grants the petition, it will effectively quash the decision of the Accra High Court and allow the University to proceed with the implementation of the new residential policy

Find below the University's Motion of Certiorari:


Find below also, the affidavit in support of the motion of the certiorari:




The case is scheduled to be heard on Tuesday, 25th April 2023, at 9:30 a.m. at the Supreme Court of Ghana. All parties involved in the case have been served accordingly and are expected to make their arguments before the court.

Meanwhile, the University has also appealed the court order and requested a stay of execution of the order of injunction. A stay of execution is a legal order that suspends the implementation of a court order until the appeal process is concluded. The University's request for a stay of execution is aimed at preventing further disruptions to the implementation of the new residential policy.

The decision of the Supreme Court, in this case, will have far-reaching implications for the University and its stakeholders. If the Court upholds the decision of the Accra High Court, it will mean that the University will have to halt the implementation of the new residential policy until the case is fully resolved. This will have significant implications for the University's plans to improve the quality of residential facilities on campus and enhance the living conditions of students.

On the other hand, if the Supreme Court grants the petition for certiorari and quashes the decision of the Accra High Court, it will allow the University to proceed with the implementation of the new residential policy. 

In conclusion, the University of Ghana's decision to file a petition for certiorari at the Supreme Court to remove a vandal judge sitting on the new residential policy case is a significant development in the case. The decision to challenge the legitimacy of the lower court's decision is a legal manoeuvre aimed at advancing the University's interests in the case. The case is scheduled to be heard on Tuesday, 25th April 2023, at 9:30 a.m. at the Accra High Court, and all parties involved are expected to make their arguments before the court


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Published by: SAMUEL KWAME OWUSU (SKO)

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