It will be fair to put UG residence re-allocation on hold – High Court

A February 9, 2023 ruling of the High Court presided over by Justice Francis Obiri continues to generate controversy.

This decision granted a request by some students that the University of Ghana puts its residence re-allocation policy on hold.

This new policy among other things seeks to convert the Commonwealth Hall into a Hall of residence for first-year students and graduate students.

The court also in a March 16 ruling declined a request by the University to cross-examine some of the students regarding certain claims they had made in court documents.

These two decisions form a key part of an application by the University asking that Justice Obiri recuses himself from the case because of his connection to the Commonwealth Hall Fraternity while a student.

JoyNews has sighted copies of these decisions that explain in detail why the judge arrived at these conclusions.

See full ruling on cross-examination of students;

IN THE SUPERIOR COURT OF JUDICATURE,

IN THE HIGH COURT OF JUSTICE, COMMERCIAL DIVISION “2”

HELD IN ACCRA ON THURSDAY, THE 9^TH DAY OF FEBRUARY 2023, BEFORE HIS LORDSHIP FRANCIS OBIRI

RULING

On 16^th January 2023, the Plaintiffs/Applicants (hereinafter called the Applicants) filed a motion before this Court.  The motion is seeking an order of interlocutory injunction restraining the Defendant by itself, its officers, servants, agents, and whatsoever manner:

• From going ahead/taking any steps to implement its new residency policy decided on 26^th October 2022 and captured in the minutes of the said meeting signed by Professor Awandare (Chairman) and Pascaline K. Songsore (Secretary) and forwarded to the Vice Chancellor by letter dated 10^th November, 2022.
• Mandatory order directed at the Defendant to remove from the Commonwealth Hall, all persons newly placed in residence in the Commonwealth Hall, pursuant to the 26^th October 2022 new residency policy.
• From in any manner interfering with the accrued residency rights of the Applicants and all continuing students of Commonwealth Hall, prior to the new policy.

The motion is supported by affidavit and exhibits.  I wish to quote the relevant paragraphs of the affidavit in support in this ruling.

• That by a Letter of Admission dated the 20^th of December, 2021, the 5^th Plaintiff was admitted into the Defendant University to pursue a four (4) year full time study leading to the award of a degree in Bachelor of Arts in Education. (I attach herewith marked as exhibit A, is a copy of the 5^th Plaintiff’s letter of Admission in verification)
• That Exhibit A is in essence a replica of the admission letters of all the applicants except for the names, the addresses, images of the students and the courses offered to study.
• That upon the University’s direction, I applied for and was awarded residence at Commonwealth Hall which is one of the five (5) traditional halls of the university pursuant to which I proceeded to complete registration formalities after which I took residence in the hall. (I attach herewith marked as Exhibit B a copy of the 5^th Plaintiff’s Residence Allocation letter in verification.
• That allocation of halls of residence is on competitive basis and even if allocated, is time-restricted and in terms of costs, the traditional halls are preferred and the most sought after.
• That the alternative to the traditional halls is the University of Ghana Enterprises Limited halls residency which is nearly thrice the cost of the traditional halls. (I attach herewith marked as Exhibit C and C1 copies of the schedule of provisional residential fees for 2022-2023 academic year for traditional halls and the university of Ghana Enterprises Limited schedule of fees for the 2022-2023 academic year in verification.
• That had we being allocated residence in the University of Ghana Enterprises Limited Halls; we could not have taken it for the reason that we cannot afford the charges that come with residence of those halls.
• That by a long-standing residence arrangement and practice of the University, once a student takes up residence in the traditional halls, the student has a right of residence in that hall for the duration of the course of study, subject to proven breach of an existing regulation of the University, punishable by loss of the right of the residence in the hall.
• That documentary evidence of the residency policy and the practice of the University being that residency in halls cover the duration of the course can be seen in the University’s published residency policy notice dated, the 7^th of December, 2021 titled “Notice of Student Residency in University Managed Halls; 2021/2022 academic year”. (I attach herewith marked as exhibit D is a copy of the document titled “Notice on Student Residency in University Managed halls; 2021/2022 Academic year in verification).
• That by items 1 and 2 of Exhibit D, the residency board of the University underscored its residency policy and practice and its recognition that a deviation of the long-standing policy and practice of residence in halls being for the duration of the course can only be prospectively done on conditions expressly spelt out in the offer of accommodation to new students.
• That the other applicants are resident students of Commonwealth Hall who I met upon taking residence in the hall and who I have lived in the hall with for the period of the academic year spanning January 2021 to September 2022 when the academic year came to an end.
• That I am advised and verily believe same to be true that with our allocation of residence at Commonwealth Hall, (Hall) a right of residence for the duration of our respective courses accrued to me and the other applicants subject only to the loss of our right of residence on a proven breach of a pre-existing rule of the University’s basic law punishable by loss of the right of residence.
• That I and my colleague applicants successfully completed our academic work and went temporarily out of the residence when the University went on Summer Vacation with a reasonable expectation of returning to our residence in early January, 2023 to continue our courses.
• That on the 28^th of December 2022, I received via WhatsApp messaging a link from some colleagues on one of our group platforms. When I followed the link, it led me to a notice from the University that said the following:” Following the University Council’s approval of new residential arrangements for the 2022/2023 academic year, you have been reallocated a bed in a different hall of residence. Kindly follow the steps below to accept your offer and secure a bed”. The notice then directed that I log in for my newly allocated hall and room number. (I attach herewith marked as Exhibit E an image of the notice that the link led to captioned of the “New Residential Arrangement academic year” in verification.)
• That I was to discover well after the fact that the university had sent an email to me and the other applicants on 14^th of December 2022 in which they advised that the university council had approved recommendations of the residence board for changes to student residence arrangement in reaction to repeated incidences of violence involving students. (I attach herewith marked as exhibit E is a copy of the print out of the email titled Arrangements for students’ residence from 2022/2023 academic year in verification)
• That by bullet point one of, the new arrangement advised by the University, the other Applicants and I were informed that with effect from the start of 2022/2023 academic year, “All continuing students of Commonwealth Hall and continuing male students of Mensah Sarbah Hall will not return to these halls or to any of the traditional halls. They are to be randomly assigned to available rooms in any of the UGEL and private hostels. Continuing female students of Mensah Sarbah Hall and students with special needs in both halls will not be affected by this measure”.
• That our enquires carried out sometime in the beginning of the year revealed that the changes in residence policy were decided by a meeting of the Residence Board of the University which took place on the 26^th of October 2022.  The minutes of which were forwarded to the Vice-Chancellor of the University by the Pro-vice Chancellor (Academic and Students Affairs) by a letter dated the 10^th of November 2022. (I attach herewith marked as Exhibit G and G1 the cover letter dated the 10^th of November 2022 and the minutes of the meeting of 26^th of October 2022 respectfully for ease of reference in verification)
• That by the statute of the university of Ghana, the Residence Board of the university is the primary body responsible for student residence matters and by convention, the university has the following representation for each traditional hall of residence:
• Head of Hall (Hall Master)
• Senior Tutor
• President of the Junior Common Room
• That in breach of the age long, well established, and hallowed convention of the university. The three representations of Commonwealth Hall were not invited to the Residence Board meeting of the 26^th of October, 2022.
• That the fact of the failure to invite the statutory and conventional representations of Commonwealth Hall, the hall was unrepresented and was not heard as a principal party adversely affected by the policy decision.
• That the decision contained in exhibit G1 which is the basis of the policy to truncate our rights of residence in the Commonwealth Hall for the duration of our courses has created the invidious and unjust situation where I and the other applicants who do not have even the remotest connection to the so-called disturbances are now being punished without as much as even being accused much more heard on alleged wrong-doings that we know nothing about.
• That the issues tabled at the meeting on 26^th October 2022, the failure to invite our hall representatives and the gleefulness with which the university has trumped due process, good conscience, our right to be heard and the snatching away of our accrued rights of the residence of the hall suggest that the meeting of 26^th October 2022 was convened mala fides with a pre-conceived goal to victimize the hall and its residents.
• That I am advised and verily believe same to be true that the Defendant did not act in accordance with its own laws when it purportedly made the decision it is seeking to implement as its new residence policy.
• That I am also advised and verily believe same to be true that the decision to truncate the right of residence of continuing students of Commonwealth Hall was made in gross disregard of the Defendant’s own statutes and conventions and without due process.
• That the avowed intent of the Defendant is to implement the new residency policy and infringe on the accrued rights of the Plaintiffs and their colleagues.
• That I am further advised and verily believe same to be true that I can in the circumstances seek an order of interlocutory injunction to restrain the Defendant from implementing the new residency policy and also seek in the same application a mandatory order directed at the Defendants to remove those it has wrongfully placed in the hall in the implementation of the residence policy and for the status quo to be maintained pending the trial of the instant suit.

The motion was served on the Respondent on 17^th January 2023 at 12:50 p.m.  The return date for the motion was 7^th February 2023.  On 7^th February 2023, when the case came up for hearing, the Defendant/Respondent (hereinafter called the Respondent) had not filed any affidavit in opposition.

The Court granted the Respondent’s counsel