Three aspirants are challenging the AUCC’s Electoral Commissions’ decision to disqualify them from the Student Representative Council elections scheduled for tomorrow August 31 2021. The three, Patience Hammond – Aspiring Women’s Commissioner, Akwasi Mfum – Aspiring External Affairs Officer and Alidu Mohammed Nasir-Deen – Aspiring Financial Secretary have petitioned the AUCC Chief Justice to quash the vetting results.
The three disqualified aspirants through their representative Gideon Zor argued that “the Vetting Committee is not clothed with any legal authority to disqualify any aspirants based on the discretion of members of the Committee but only the eligibility criteria as set out in article 10 of the SRC constitution, insisting the disqualified met all the criteria as stipulated in the constitution.
The electoral Commission on 21st August 2021, opened nominations for the election of Executive Officers for the 2021/2022 academic year. The aspirants pick and file nominations and subsequently appeared before the committee to be vetted. But the Electoral Commission inspite of the disqualified has failed to assign reasons for the disqualification of the three.
The disqualified aspirants in their petition are asking the Chief Justice to declare null and void or quash the vetting results arguing the outcome of the vetting flies in the face of articles 10 and 21 of the AUCC SRC Constitution
Below is a copy of the petition to the Chief Justice,
African University College Of Communications,
No. 2 Jones Nelson’s Link
Adabraka – Accra.
29th August 2021.
The Chief Justice
No. 2 Jones Nelson’s Link
Adabraka – Accra
PETITION TO INVOKE ARTICLE 21(8) OF AUCC SRC CONSTITUTION TO QUASH EC’S VETTING RESULT
- I act for and on behalf of TEAM KEKELI and has the firm instruction of the team to petition on behalf of supposed disqualified aspiring SRC Executives (Herein after referred to as petitioners)
- The Petitioners are students of African University College of Communications (hereinafter referred to as AUCC).
- The Petitioners filed nomination in accordance with article 10 of the AUCC SRC Constitution to contest for Women’s Commissioner, Externals Affairs Officer and Financial Secretary.
- AUCC is a private tertiary institution affiliated to University of Ghana, Legon; Ghana Institute of Management and Public Administration, and University of Education, Winneba, and subject to the Acts establishing these Public Universities.
PARTICULARS OF CLAIM
The Petitioners invoke article 21(8) of the AUCC SRC Constitution to challenge results of the Vetting Committee’s Results as published by the SRC Communication Officer on August 29, 2021 on Communications Forum of AUCC Whatsapp Platform:
- That the Petitioners met the eligibility criteria for contesting the aforementioned SRC positions as set out in article 10 of AUCC SRC Constitution.
- That the only grounds on which a vetting Committee constituted under the AUCC Constitution can disqualify a candidate is when the candidate did not meet any of the criteria set out in article 10 or any Regulation published by the EC
- That the Vetting Committee quoted article 21(5) of the AUCC SRC Constitution as basis of their disqualification. For the avoidance of doubt, article 21(5) provides “It
shall recommend or nullify a person’s candidature after vetting based on justifiable grounds as STATED IN THIS CONSTITUTION.” (emphasis is mine)
- That as at the time the Vetting Committee vetted aspirants, no Regulation was published by the EC and as such, the only eligibility criteria were and is still article 10(supra)
- That the Vetting Committee is not clothed with any legal authority to disqualify any aspirants based on the discretion of members of the Committee but only the eligibility criteria in article 10 (supra)
- That even if the Vetting Committee had such authority to exercise discretionary powers, same must be subject to article 296 (a) and (b) of the 1992 Constitution of Ghana which AUCC SRC is subject to.
- That the Vetting Committee is a quasi-judicial body and as such its procedures, aside being in tandem with the AUCC SRC Constitution, it must also, stricto senso, meet the spirit and letter of article 23 of the 1992 Constitution.
- That the vetting committee did not give any reason for the supposed disqualification and same must be considered as breach of the rule of audi alteram partem (See ABOAGYE V. GHANA COMMERCIAL BANK and AWUNI V. WEST AFRICAN EXAMINATION COUNCIL)
- A declaration that the supposed results by Vetting Committee is vexatious, capricious and unconscionable and same must be nullified and/or quashed by the exercise of an order of certiorari
- A declaration that the outcome of the supposed vetting results is against articles 10 and 21 of the AUCC SRC Constitution and same must be quashed by an order of certiorari
Patience Hammond – Aspiring Women’s Commissioner
Akwasi Mfum – Aspiring External Affairs Officer
Alidu Mohammed Nasir-Deen – Aspiring Financial Secretary
For ease of reference, find attached the vetting results as released by the Vetting Committee (marked as exhibit TK1)
Given under my hand
Cc; Director of Student’s Affairs