#UGDecides: Judicial Board quashes VC’s disqualification of Aspirants; orders EC to conduct new vetting

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The Judicial Board of the University of Ghana Students Representative Council has in a unanimous decision, declared invalid the disqualification of some aspirants in this year’s SRC presidential race.

The Judicial Board ruled on the case which was brought before it by Isaac Agyeman, Louis Banahene and Joseph Nii Tackie Essel.

 

All three plaintiffs were represented by the legal advisor of the Mensah Sarbah Hall Junior Common Room, Mr. Prosper Batariwah, Mr. Eugene Essuman Pocco and Mr. Bogoblay Godslove.

The respondents in the case were the Electoral Commission of the SRC, who was represented by Mr. John Kwashigah Nenyo, and the SRC, represented by the legal advisor of the UGSRC, Mr. Adomako Afram.

The plaintiff prayed the court for the following reliefs;

A declaration that on a true and proper interpretation of article 29 of the Students Representative Council Constitution hereafter known as SRC Constitution, regulation 4(m) of the Constitutional Instrument for the Conduct of SRC elections, 2019 is null, void and of no effect in that it arrogates to the Vetting Committee formed under article 40 the power to declare a person a candidate in an SRC election.

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A declaration that on a true and proper interpretation of article 30, 31(4), 38 and 40 of the SRC Constitution, regulation 4(h) and 4(j) of the Constitutional Instrument of the SRC, 2019, contravene SRC Constitution in that they purport to add additional grounds of disqualification of candidates who wish to run for political offices.

A declaration that on a true and proper interpretation of article 30, 31(4) and 38 and 40 of the SRC Constitution, the vetting of electoral candidates using the criteria set forth in article 4(h) is a nullity.

An order directed at the 2nd respondent to organize vetting tailored along the lines provided in article 30 of the SRC Constitution.

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They also prayed any other order(s) the court may deem fit.

After an over six hour hearing, which took place at the SRC Union Building and saw three recesses, the Judicial Board, presided over the the Chief Justice of the University of Ghana SRC, Mr. Manuel Ocansey (JSC) read the verdict of the case. The Judicial Board held that article 30, 31(4) and 38 and 40 of the SRC Constitution, the vetting of electoral candidates using the criteria set forth in article 4(h) of the Constitutional Instrument for the conduct of the 2019 SRC Elections is a nullity.

The Judicial Board further ordered the Electoral Commission of the SRC to conduct a new vetting which will give effect strictly and only to article 30 of the SRC constitution.

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The effect of the verdict invalidates the Vetting which took place on April 1 2019 and the resultant disqualification of Mr. Isaac Agyeman, Mr.Louis Banahene and Miss Sarbah Andam for failing to meet the requirements set forth in the now void article 4(h) of the Constitutional Instrument for the conduct of the elections.

The verdict was received by sympathizers of the plaintiffs with jubilation whiles the sympathisers of the respondents were equanimous.

A new calendar for the remaining activities of the 2019 UGSRC Elections (including the new vetting) is expected to be published by the Electoral Commission of the SRC of the University of Ghana.

Source:universnewsroom.com

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