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UCC SRC Constitutional Crises: Updates from Court

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The hearing of the suit filed by Philip Glover and Jerald K. Tamba at the Cape Coast High Court which seeks to challenge the continuous stay in leadership by Acting SRC president, Francis Kwabena Arthur has been adjourned to Friday, February, 20, 2015.

Lawyer for the plaintiff, Kwame Owiredu moved the motion for the interlocutory injunction which sought to restrain the 3rd defendants (Francis Kwabena Arthur) from holding himself as the Acting SRC president of the University of Cape Coast until the determination of the substantive case, citing clauses from a constitution purported to be working constitution of the Student Representative Council of UCC.

He argued that, the said constitution was explicit that Acting president had a mandatory 21 days after which their mandate expired and therefore the SRC Secretary should be sworn in as acting president.

But this argument was sharply challenged by the Lawyer for the 3rd defendant, Lawyer Owusu, who argued that the said constitution that the Lawyer for the plaintiffs quoted was not the working constitution of the SRC.

He further maintained that they were short-served with the supplementary evidence filed by the plaintiffs, which in this case, was the purported constitution challenged by the plaintiffs.

The Presiding Judge upheld his argument, quoting that, by law, the supplementary evidence should be served 48 hours before sitting was moved, which was not the case.

Lawyer for the 3rd defendant therefore sought leave of the Court to file supplementary affidavit which would spell out the actual constitution of the SRC.

In effect, the interlocutory injunction which was suppose to compel the Acting SRC president to step down until the determination of the substantive case was not upheld and the Acting SRC president would continue to act until the court says otherwise.

On the substantive case however, Lawyer for the3rd defendant argued that they needed time to study the document and pleaded with the court for more time enable them respond appropriately to the allegations raised by the plaintiffs in their suit.

Meanwhile the university failed to file an appearance in respect of the interlocutory injunction.

Story by: Abdul-Karim Mohammed Awaf (Fayar)

Communication Studies(0268466467)

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