Confusion at University of Cape Coast; Council Chair's 'unilateral' decision on Vice-Chancellor's contract challenged

Enoch Darfah Frimpong Education Aug - 01 - 2024 , 18:42

There is confusion at the University of Cape Coast (UCC) over the Vice-Chancellor's contract and that of the Registrar.

Appointed for a four-year term in June 2020, Prof Joshua Nyarko Boampong's first four-year tenure as Vice Chancellor of UCC started on August 1, 2020 and ended July 31, 2024.

On July 28, 2023, the university's Governing Council renewed and extended Prof Nyarko Boampong's appointment as Vice-Chancellor at the Council's meeting, for a term of two years effective August 1, 2024 to July 31, 2026.

Governing Council chairman Prof H. S. Amonoo-Kuofi's letter

However, in a letter dated Wednesday, July 31, 2024, signed by Prof Harold S. Amonoo-Kuofi as Chairman of Council, he stated that the renewal or extension "is void and consequently same is revoked as it breaches the University's Statutes on renewal of appointment of the Vice-Chancellor."

The reason given by the Council Chair is that, Prof Boampong will attain age 60 in 2025 and will therefore not be able to complete his two year tenure before he attains the compulsory retirement age of 60 on September 18, 2025.

The Council Chair, has therefore asked him to handover to the Pro Vice-Chancellor.

Vice-Chancellor Nyarko Boampong's appointment not terminated - UCC

Graphic Online has however gathered that, on Tuesday, July 30, 2024, the Governing Council met and the Vice-Chancellor's contract issue was not on the agenda and was not discussed.

The letter from Prof H. S. Amonoo-Kuofi as Chairman of Council has therefore been challenged by seven members of the UCC Governing Council and the UCC branch of the University Teachers Association of Ghana (UTAG).

The seven members challenging Prof Amonoo-Kuofi's "unilateral decision" are Prof Eric Anane (Convocation), Dr Jerry Opoku-Ansah (UTAG Rep), Mr Samuel Danso Akoto (Alumni Rep), Mr Vincent Kojo Siabi (SRC Rep), Mr Kwabena Adjepong (GRASAG Rep), Mr Benjamin Frank Hagan (TEWU-TUC Rep) and Mr Mohammed Quanson (CHASS Rep).

"We have sighted with shock, a letter solely and privately written by the Chairman of Council, Prof H.S. Amonoo-Kuofi, purporting to terminate appointment of the Vice-Chancellor, Prof John Nyarko Boampong," the seven concerned members of the council stated in a press statement dated August 1, 2024.

They stated that "no such decision has been made by Council in any of our meetings whatsoever. Council met on 30th July, 2024 and no such matter was discussed, neither was any such decision made.

UTAG

Similarly, UTAG has also issued a statement dated August 1, 2024 challenging the "unilateral" decision by the council chair.

No comment yet from GTEC

Graphic Online has reached out to the Ghana Tertiary Education Council (GTEC) for a comment but the council is yet to respond.

Copy of statement of concerned members of the UCC Governing Council and that of UTAG attached below

Appointment not terminated

A media release dated August 1, 2024, signed by Director of Public Affairs, Major (Rtd) Kofi Baah-Bentum announced that "Council has not met to discuss or take such decision and that, it's last meeting held on Tuesday, 30th July, 2024, records available indicate that matters discussed and decided upon did not include the Vice-Chancellor's tenure.

"The University community and the general public are therefore, entreated to disregard the publication."

Registrar

On the issue of the Registrar, Graphic Online understands that the Ghana Tertiary Education Commission (GTEC) had gone ahead to intervene and stop the Governing Council from allowing Mr. Jeff Teye E. Onyane, who is also the Secretary to Council, from appointing himself as Registrar effective August 1, 2024, post his retirement date of July 21, 2024, in lieu of Council's inability to appoint a substantive Registrar.

Attached below is a copy of a letter dated July 22, 2024 from GTEC on that

COUNCIL DECISION ON THE APPOINTMENT OF NEW REGISTRAR

The Ghana Tertiary Education Com mission has stumbled upon a notice emanating from the Governing Council of the University of Cape Coast dated July 19, 2024, signed by the Registrar and Secretary to Council, Mr. Jeff Teye E. Onyane, appointing himself as Registrar effective August 1, 2024, post his retirement date of July 21, 2024, in lieu of Council's inability to appoint a substantive Registrar.

The Commission (GTEC) is unable to uphold this decision due to the following reasons:

The 1992 Constitution of the Republic of Ghana is unambiguous of the retirement age of public servants (60 years) of which staff and faculty of public universities are not exempted.
In a ruling of the Bolgatanga High Court in a case between Prof. Eric Magnus Wilmot; then Vice Chancellor of the C. K. Tedam University of Technology and Applied Sciences (CKT-UTAS) and the Registrar (Dr. Vincent Ankamah-Lomotey) on one hand versus a Concerned Party, the Court ruled for the two to vacate their positions as Vice Chancellor and Registrar respectively because they have passed the mandatory retirement age of 60 years.
In a similar case between the Ghana Tertiary Education Commission and Prof. Philip Osei Duku, the former Vice Chancellor of the SD Dombo University of Business and Integrated Development Studies (SDD-UBIDS), the Plaintiff's (Prof. Duku) case was dismissed on similar reasoning of being 60 years and above.
Again, as you are aware, the University of Cape Coast and the current Vice Chancellor on one hand are currently in court battling a similar case bordering on stay in office post-retirement.

Informed by the above reasons and many others, the Commission is unable to uphold the decision of the 119th Regular meeting of the University of Cape Coast Governing Council and prescribes the following;

The current Registrar should handover to the Vice Chancellor on or before July 31, 2024.
The Vice Chancellor guided by the Statute of the University should take steps to appoint somebody to act in the interim starting from August 1, 2024.
The University as a matter of urgency should take steps to fill the position of Registrar.

Finally, Chairman, the Ghana Tertiary Education Commission notes with concern the seeming drift of the Council of UCC from laws, policies, and guidelines that shape the proper governance of public universities, especially on the subject of the appointment of Registrar by the University.

The Commission advises that you should be guided by the Constitution of the Republic, the Enabling Act establishing the University, and its Statute. GTEC will continue to provide you with the necessary support and guidance in the dispensation of your responsibilities and do assure you that it will not renege on its overall objective of regulating tertiary education institutions in all its forms for effective and efficient administration.

Prof Amonoo Kuofi's letter on Vice-Chancellor

Meanwhile, in the said letter by Prof Amonoo-Kuofi, which he titled as "NOTICE OF TERMINATION OF APPOINTMENT AS VICE-CHANCELLOR OF THE UNIVERSITY OF CAPE COAST," he argued that the two-year contract extension for Prof Joshua Nyarko Boampong, as the Vice-Chancellor of the University of Cape Coast (UCC), has been revoked by the Governing Council on the grounds that, he will not be able to complete it before he attains the compulsory retirement age of 60 on September 18, 2025.

Attached below is a copy of the letter explaining the termination of the contract extension

Dear Prof. Boampong,

NOTICE OF TERMINATION OF APPOINTMENT AS VICE-CHANCELLOR OF THE UNIVERSITY OF CAPE COAST

Pursuant to your letter of appointment dated 17 June 2020, the University Council appointed you as Vice-Chancellor of the University of Cape Coast for a period of four (4) years with effect from 1 August 2020.
You are hereby notified that your appointment ended and terminated on the 31st day of July 2024.
Please note that the purported renewal/extension of your appointment as Vice-Chancellor at the Council's meeting on the 28 of July 2023, for a term of two (2) years effective Ist August 2024, is void and consequently same is revoked as it breaches the University's Statutes on renewal of appointment of the Vice-Chancellor.
The voidness of the aforementioned renewal is by reason of the following:

a. The compulsory retirement age for public servants is sixty (60) years, as provided by Article 199 clauses (1) and (4) of the 1992 Constitution, thus: 

"199 (1) A public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years.

(4) Notwithstanding clause (1) of this article, a public officer who has retired from the public service after attaining the age of sixty years may, where the exigencies of the service require, be engaged for a limited period of not more than two years at a time but not exceeding five years in all and upon such other terms and conditions as the appointing authority shall determine"
* While your appointment may be extended by 2 years at a time up to a maximum of 5 years beyond your retirement age by contract, as provided in Article 199 clause (4) above, there has not yet been any such contractual extension, and such extension is applicable only to your appointment as a member of the University in general, but not applicable to your position as the Vice-Chancellor, since the University's Statutes has placed a limit on same in Statute 8.2.

b. While your appointment may be extended by 2 years at a time up to a maximum of 5 years beyond your retirement age by contract, as provided in Article 199 clause (4) above, there has not yet been any such contractual extension, and such extension is applicable only to your appointment as a member of the University in general, but not applicable to your position as the Vice-Chancellor, since the University's Statutes has placed a limit on same in Statute 8.2.

c. Statute 8.2 of the University's Statutes provides that your position as Vice-Chancellor can be renewed/extended by up to 3 years. However, such an extension shall not exceed your retirement age of 60 years, thus: 

"The Vice-Chancellor shall hold office for an initial term of four years. The appointment may be renewed for a further term of up to three years if that is not beyond the statutory retiring age of 60."

d. Considering that you will be 60 years and due for compulsory retirement on the 18" of September 2025, the 2 years renewal granted you by Council effective 1 August 2024 would extend your position as Vice-Chancellor well beyond your retirement age. This breaches the Constitution and the University's Statutes.

e. Further to these, the renewal of your term as Vice-Chancellor was procedurally void as no properly-constituted Search Committee was put in place, as required by Statute 8.15, to fulfil its mandate imposed by Statutes 8.16 and 8.17 in the appointment or renewal process.

f. From the foregoing, the 2 year renewal/extension of your position as Vice-Chancellor granted by Council is void and same cannot stand.

5. You are accordingly directed to hand over your office to the Pro Vice-Chancellor of the University IMMEDIATELY upon
service on you of this letter. You are fürther directed to hand over all your official effects to the Pro Vice-Chancellor,

6. You may, however, apply to Council for its consideration in line with laid down procedure for the purpose of renewing your term as Vice-Chancellor for a period not exceeding your retirement age and which does not breach the Constitution and the University's Statutes.

7. For the avoidance of doubt, this termination of your position as the Vice-Chancellor does not in any way affect your appointment as a senior member of the University.

8. By a copy of this letter, the Pro Vice-Chancellor is directed to take over and act as Vice-Chancellor with effect from 1" August 2024 until a new and substantive Vice-Chancellor is appointed.

9. The Council of the University thanks you immensely for your dedicated service to the University and wishes you well in your future endeavours.

Writer's email: enoch.frimpong@graphic.com.gh

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