The governing Council of the University of Education Winneba has fired back at lawyers for dismissed Vice Chancellor of the University, Professor Mawutor Avoke, Harold Tivah Atugubah & Associates, describing them as naïve for advising professor Avoke to return to the school to resume work as Vice Chancellor.
The Governing Council is insisting that dismissed Professor Mawutor Avoke cannot return to the university as its Vice-Chancellor as he is claiming.
According to the university, the latest move initiated by Prof Avoke by writing through his lawyer, requesting that the university prepare his office for his return as Vice-Chancellor on Monday, November 26, 2018, was “not only wrong in law but has no factual basis.”
The estranged Vice-Chancellor of the UEW, Prof Mawutor Avoke on November 20, 2018, initiated fresh moves aimed at getting his position at the university back.
But in a response to the request by Prof. Avoke and his lawyers, the chairman the University Council, of the Prof. Emmanuel Nicholas Abakah stated in a letter dated Friday, November 23, 2018 that the lawyers’ action sought to court public sympathy as the letter was widely circulated on social media.
‘’I can assure you that this case shall not be decided in the court of public opinion but in the law courts. It seems to me that in spite of being a legal practitioner, you do not seem to understand legal proceedings and so a little education here will help’’ he said.
The letter continued ‘’ Secondly, the decision to dismiss your clients was the decision of the Governing Council of the University and not at the instance of any court decision, directive or consequential orders. Therefore, your warp interpretation of the Supreme Court Judgment delivered on the 31st October, 2018, that your clients be reinstated is not only wrong in law but has no factual basis’’
See below, the full text of the letter as authored by the University Council.
Mr. Harold Tivah Atugubah & Associates Accra
RE: RESUMPTION OF PROF. MAWUTOR AVOKE AND DR. SENYO ACKORLIE TO THEIR PREVIOUSLY HELD OFFICES IN THE UNIVERSITY OF EDUCATION, WINNEBA; AND PAYMENT OF THEIR ENTITLEMENTS.
Your letter dated 20th November, 2018, addressed to me, which you widely shared on social media even before I received my copy, is acknowledged.
One would have thought that as a professional lawyer, you would respect the privacy of your clients and keep all legal matters confidential and within the confines of the law courts.
However, I have realized that you have resorted to this style of grandstanding to court public sympathy.
I can assure you that this case shall not be decided in the court of public opinion but in the law courts.
It seems to me that in spite of being a legal practitioner, you do not seem to understand legal proceedings and so a little education here will help.
First of all, the High Court Judgment which the Supreme Court quashed was never a legal matter brought to the attention of the University nor the Council.
Take note that the said judgment was not executable as they were only declaratory and, therefore, could not have been the basis of the dismissal of your clients.
Indeed, the said quashed judgment was delivered several months after your clients had been dismissed from the University on various grounds of gross misconduct and other serious breaches of rules and regulations governing their appointment as staff of the University.
Your clients were, therefore, dismissed after they were subjected to due process.
Secondly, the decision to dismiss your clients was the decision of the Governing Council of the University and not at the instance of any court decision, directive or consequential orders. Therefore, your warp interpretation of the Supreme Court Judgment delivered on the 31st October, 2018, that your clients be reinstated is not only wrong in law but has no factual basis.
It is quite interesting that barely 24 hours after you publicized and circulated your letter on social media on 21st November, 2018, you were in the Cape Coast High Court seeking to overturn the decision of the Governing Council to dismiss your clients, which said suit is still pending in the same Cape Coast High Court.
Again, you would recall that your application of 20th September, 2018, that sought to put injunction on the investiture of Rev. Fr. Prof. Anthony Afful-Broni as Vice-Chancellor was dismissed as without merit, yet you still have the temerity to request me to prepare offices for your dismissed clients to resume duty.
Finally, I want to state for the avoidance of doubt that your clients still remain dismissed staff of the University and will be declared persona non-grata and dealt with in accordance with the law should they assemble on our campus for the purpose of following your naïve advice of coming to re-occupy their former offices.
Prof. Emmanuel Nicholas Abakah (Chairman of the Governing Council, UEW)