Accra, June 25, GNA - An Accra Fast Track High Court on Friday restrained authorities of the University of Ghana (UG), their agents or servants, from closing down and converting Commonwealth Hall into a gradu ate mixed hall for the 2010/2011 academic year, until directed otherwise.
This was after it had granted an interlocutory injunction filed by f our students and 4,000 others, against the University authorities and another
over the closure and conversion of Commonwealth Hall into a graduate mixe d hall from 2010/2011 academic year. The court presided over by Mr Justice K.A. Ofori-Atta, however, did not award cost to authorities of the University. The court said from exhibits furnished by the authorities, it was evident that the decision to close down the Commonwealth Hall had been ta ken even two days after the March 13, 2010 incident which led to the delay of
the University's congregation.
The court said for example, an extract of a meeting held by the Academic Board and attached to their affidavit, the Vice Chancellor lamen ted over the bad behaviour of students from Commonwealth Hall, which the university authorities had tolerated over the years. The authorities, the court said, cited several bad behaviours exhibi ted by the Commonwealth Hall which had also led to the destruction of propert y and closure of roads on campus.
It noted that two days after the March 13 incident, the decision of closing and converting the hall was taken. The court admitted that the authorities had the administrative power
under Article 22 and 23 of the 1992 Constitution to close or convert a ha ll but that should, however, be exercised with discretion. It noted that there was a laid down framework for converting halls b ut that due process of converting halls was not followed. According to the court, a meeting by the Academic Board of the University over that decision amounted to abuse of power and therefore co uld not describe the case of the students as frivolous or vexatious. On the balance of the scale of convenience, the court contended that
the University authorities were not going to suffer any injury or damages
but rather students were going to loose their hall of residence, hence granted the application. According to the court, after the March 13 incident, a committee was
established to investigate the matter, noting that the committee had not completed its work let alone identify the students who were involved in t he said incident.
In the case of the third defendant, Professor Kwesi Yankah, Pro Vice
Chancellor of the University, the court ruled that no cause of action had
been established against him, adding that it was unnecessary to have adde d him as party to the writ. The court's decision was greeted with cheers and applause by some of
the students who thronged to the courtroom. Clad in their usual red colour, the students defied the rains and sa ng songs in jubilation and carried their legal counsel, Nana Ato Dadzie, shoulder high at the court premises. Nana Ato Dadzie expressed his delight over the ruling, saying it was victory for all. Mr Ace Ankomah, who represented the University authorities, said they would go for the ruling, examine its contents and decide on the way forward.
On May 19, this year, the students of Commonwealth Hall filed a moti on for injunction and supporting affidavit, demanding damages for defamation as well as cost. The four who proceeded to the High Court on behalf of members of Jun ior Common Room (JCR), Commonwealth Hall were: Joshua Laari, Emmanuel Nketia,
Frederick Owusu Prempeh and Kofi Asante Sampong.
Two others who joined in the suit are Professor Kwesi Yankah, Pro-V ice Chancellor of the University and the University's Executive Committee. The students also sought a declaration that students from Commonweal th Hall did not participate in the March 13, 2010 disturbances which took pl ace at the university campus. They contended that the university authorities' decision to close do wn the hall following the event of March 13, 2010 captured by the university 's letter dated March 28, 2010, was discriminatory, arbitrary, capricious, unfair, illegal and abuse of discretion.
The students were therefore seeking a declaration that Professor Kwe si Yankah, Pro Vice-Chancellor of the University and the University's Execut ive Committee, did not constitute the Governing Council and could not express ly imply that by the letters they could usurp powers of the Governing Counci l by closing down the hall or converting it.
They pointed out to the court that attempts made by the university authorities to close down the Commonwealth Hall they had chanced on an admission letter of a fresh student in which the university authorities h ad conspicuously eliminated Commonwealth Hall from the list of halls thereby
making room for four traditional halls. The students were therefore praying the court to look at the application on grounds of administrative justice and rule of law. In the statement of case filed by the students, they admitted that o n March 13, this year the university authorities held their congregation at
which deserving students were presented with certificates. They said it was reported from the congregation grounds that an incident occurred which caused embarrassment to Busumuru Kofi Anann, Chancellor of the University and other dignitaries.
On March 15, the students said a meeting was held during which the H all Master and Senior Tutor of Commonwealth Hall were present and the Executi ve Committee decided to convert Commonwealth Hall, the only hall for men, in to mixed hall of residence. They said they had called for a review of this decision but that had
not yielded any results. The students said they had followed up to the Office of the Vice President and Governing Council of the University but to no avail. On May 10, this year, they said the university authorities "belatedl y and as an afterthought stated that the decision to close down the hall wa s not as a result of March 13 events."
"The defendants' decision to close down the hall was based on the university authorities' letter dated April 28," they added. In the said letter, the students said the university authorities rel ied on the March 13 and other previous incidents before taking the decision. "The decision to close down the hall on the various incidents was discriminatory and breach of Article 17 (2) and (3) of the 1992 Constitution," they added. The students said the decision by the three defendants in exercising
their discretion should be fair, candid and not capricious or biased eith er by resentment, prejudice or personal dislike. They contended that on May 18, this year, members of a sub-committee
paid familiarisation tour to the hall as part of their "grand illegal pla n to convert the hall into a mixed hall of residence".
The students said unless the defendants were restrained they would proceed with their "unlawful, illegal and unconstitutional intention and actions to frustrate and deprive them of their legal and constitutional rights". However, in response, Mr Ace Ankomah, counsel for the University authorities and two others, opposed the submissions of the students. Mr Ankomah raised questions concerning a resolution which should hav e been passed before commencing the court, noting that "there was no resolution to that effect". He argued that the students in question were not residents of the ha ll, arguing that at the moment the students had exhausted their stay and were
only affiliated to the hall. Mr Ankomah said under the Constitution, the Vice Chancellor had, as part of his administrative duties, to decide on the conversion of halls t o be implemented by the University's Academic Board and Executive Committee .. He noted that conversion of the hall was not something new to the university because in the 1990's Sarbah and Legon Halls experienced some conversions into mixed ones.
According to him, there was nothing wrong with the conversion of Commonwealth Hall into a mixed residence, adding that in line with modernisation, the issue of men dominated halls was outmoded and unconstitutional. "It is shocking for them to say that they don't want women here," he
added. On the March 13, 2010 incident, Mr Ankomah admitted that a congregat ion took place and during the ceremony, senior members participated. However, a procession of these senior members was interrupted by som e students of Commonwealth Hall for 20 minutes saying those students claime d they were performing some rituals; as such those senior members were compelled to wait. He said the University authorities were waiting for the outcome of t he court's decision before they could take steps in respect of admissions fo r the 2010/2011 academic year.
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