The SRC President of the University of Professional Studies, Accra has filed a petition challenging his purported suspension by the General Assembly.
Peter MwinZumah in a petition Tuesday has described the action by the SRC General Assembly as “vexatious, ill-conceived, unconstitutional and of no legal effect.”
The SRC President was suspended by the General Assembly on Monday after he failed to show up at a meeting to respond to some questions about alleged misuse of student funds.
The suspended SRC president has been cited alongside some other officers of the student council, including the External Affairs President, Albert Anum, for various financial infractions in an audit report released early this February 2020.
He was summoned to appear before the General Assembly at an emergency meeting held on February 24, 2020, but he could not attend. He explained to the institution's news portal, upsanewsroom.com that he had an urgent duty to attend to and reportedly communicated same to the Clerk of the Assembly.
But following a motion moved to suspend Mr MwinZumah over what has been characterised as his evasive attitude and seconded by Nathaniel Addo Jill Junior, the SRC Vice-president, the SRC president was suspended.
A majority of students at UPSA have roundly condemned the action by the General Assembly and have the leader to correct what they had described as “illegality.”
But Mr MwinZumah is fighting back.
“With significant regard to the SRC Constitution, specifically in Article 3(a-b), 4(i) and 25(3-4), it is our contention that the decision by the General Assembly is both in want of jurisdiction and in excess of jurisdiction,” paragraph four of the petition addressed to the Chairman of the High Chamber read.
“Further, the1992 Republican Constitution upon which the UPSA SRC Constitution derives its authority has vested the ultimate power into the Constitution and in Article 1(2) and 2(1-4), any person resident both in and outside the country has the power to bring an action to forestall the perpetuation of any illegality against the Constitution and challenge an illegality carried out in clear violation of the spirit and letter of the law. This petition is in the light of the latter,” the letter continued.
Mr MwinZumah is seeking an immediate quashing of the “unconstitutional” action of the General Assembly as well as a perpetual injunction on the Assembly, its members, Speaker Rt. Hon. Prince Courage Gavi and the deputy speaker, from taking any further decision until the matter is heard and determined.
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