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Opinions of Monday, 6 November 2017

Columnist: Alhassan Salifu Bawah

RE: UEW at the mercy of failed academics; the AG, VC and Council Chairman in mind

For once, I agree with Prof. Victor K. Owusu that UEW is actually at "the mercy of failed academics".

Let's start with Prof. Victor K. Owusu himself as he is the torch bearer of these failed academics.

Only a failed academic would fail to furnish the appropriate investigative authorities with evidence to exonerate his paymasters; else they will possibly end up serving time in jail.

Prof Victor K. Owusu, the leader of failed academics, is only fixated on publishing cooked up stories in the media - stories which are of no legal benefit to his paymasters.

How can a real academic, first serve a document to individuals who have been copied, and fail to deliver the main addressee's copy?

You don't have to explain to me that you the ignorant, ineffective, inefficient, incompetent and failed Professor, are not Victor K. Owusu. At the right time, when the former UEW UTAG Secretary, whose email address you once used to circulate one of your moronic rantings to UTAG UEW members is picked up, it will only be a matter of course that he gives you up to face the consequences of your demonic actions.

I am just a 'common and simple' son of a peasant farmer, so why attempt to exonerate yourself before me? Reserve your explanations for the Bureau of National Investigations (BNI).

One of the diehard defendants of a suit against a public university being an attack on academic freedom, took not less than 12 years (2004 to 2016) to get promoted to a senior lecturer. Even that was not without serious lobbying. This is what is termed a classical failed academic.

This same strike-monger/scaremonger is a member of the Ghana University Staff Superannuation Scheme (GUSSS) representative on the monitoring team assigned to monitor the ongoing GUSSS projects on campus.

If not a failed academic who takes up responsibility without forethought, what engineering/technical qualifications does he have that will enable him offer sound/reasonable/economic/value for money advice to the contractor for the advancement of the interest of GUSSS contributors and conduct inspections of the projects to meet set standards? GUSSS contributors, over to you.

This monitoring team thoughtlessly recommended the upward adjustments of the contract sums of the GUSSS projects. So a supposed lecturer at the Faculty of Social Sciences, is now a quantity surveyor/engineer?

His empty arguments at one of UTAG UEW's meetings that the GUSSS contracts, fell outside the jurisdiction of the Winneba High Court, was a clear instance of a failed academic at his best.

Section 6 of the National Pensions Act 2008 (Act 766), confers on the National Pensions Regulatory Authority (NPRA), the duty to ensure the effective administration of all pensions in the country.

Section 7 (a)-(g) of Act 766, clothes the NPRA with further powers in the regulation of private pension schemes, so the GUSSS contracts, are perfectly within the jurisdiction of the law courts.

The supervisory jurisdiction of the NPRA over private pensions in Ghana, is similar to the supervisory role of the National Accreditation Board (NAB) over all universities in Ghana, be they public or private. MountCrest University College, a private university, is currently barred by NAB from admitting fresh applicants to pursue the Bachelor of Laws (LLB) programme.

You see that only a failed academic will argue foolishly on the total independence of the GUSSS from the remit of the laws of Ghana?

Another disciple of the attack on academic freedom caucus, took 16 'bleeding' years (2000 to 2016) to rise to the position of senior lecturer.

And these failures, have no shame but to go to SEMSA and drink all night, and the audacity to go to UTAG UEW meetings to lay bare their ignorance! Was it the suit by Supi Kwayera against the Ministry of Education and the University of Education, Winneba (UEW), that delayed their promotion to senior lecturers by over 10 years? It was definitely academic failure and NOT Supi Kwayera's suit.

I was a member of a Tender Evaluation Panel (Panel) that evaluated one of the GUSSS contracts when the bids were submitted. During the evaluation process, it became clear that none of the bidders was satisfying the criteria set in the advert. This criteria can be likened to the marking scheme put in place to guide the examiner in the award of marks in a given examination paper.

So naturally, if a candidate fails to supply the right answer, no marks are allocated.

Therefore, since none of the bidders met the criteria set, the Panel recommended that the said contract be re-advertised in accordance with the provisions of the Procurement Act 2003 (Act 663) as amended.

The said contract, was NEVER re-advertised. I was dropped from the Panel and an order was given to a subsequent Panel by the 'innocent' VC and FO to award that particular contract to SPAKXXX.

In effect, the marking scheme was thrown to the dogs. The interdicted Head of Procurement of UEW, Ms Mary Dzimey, should appear before EOCO and prove me wrong, and go further to sue me for defamation and all the reliefs that she can think of, if she is of the firm belief that am lying! Why should Ms Mary Dzimey be coaching other officials of UEW who have been invited by EOCO for questioning on what responses to give EOCO? Does one need coaching to say the truth?

All those who ordered some documents to be destroyed should note that most of the said documents were NOT destroyed. Soft copies of all those contentious documents are in the custody of EOCO. No one is going to 'rape' a state institution to death and get away with it by obstructing the course of justice through bribery and physical destruction of vital documents.

Let me also emphasise to Prof. Victor K. Owusu and his bribed followers that if they think that there are no Investigations ongoing in cases of alleged stealing of critical documents from the Finance Office, they should just give themselves a few days to hear and read the outcome of the work being carried out by eminent professors on this matter.

If NOT failed academics, who doesn't know that the payments effected through UEW bank accounts, is incontrovertible evidence of their broad daylight robbery of UEW funds?

EOCO and BNI, should as a matter of urgency, freeze all the assets, especially bank accounts of the interdicted officials of UEW, pending the final determination of the case.

The bankers of UEW, particularly GCB and HFC, should be investigated for allegedly paying unofficial commissions to some Principal Officers of UEW.
UEW threatened in the past to change bankers.

As a result, some officials of the banks travelled from Accra to Winneba to meet some Principal Officers of UEW, and a deal was allegedly struck to pay the Principal Officers of UEW, unofficial commission based on the deposits of each of the 4 campuses.

There is no document at UEW or the banks to prove this, however, electronic transactions records should lead to the arrest of the perpetrators of this gargantuan loot of both public and shareholders funds.

Mr. Supi Kwayera has withdrawn his suit against the Ministry of Education and UEW.

UTAG National, in its press statement issued on 18th September 2017, made it clear that it was Vice Chancellors Ghana (VCG), that impressed upon them to call off the disgraceful and failed strike. UTAG National, in its point 2 in the September 18th 2017 press release, urged that "VCG be allowed to take steps to amicably resolve the problem at University of Education, Winneba (UEW)".

A committee of eminent persons was set up, and in accordance with VCG demands, the plaintiff (Supi Kwayera), applied for the withdrawal of his suit against the Ministry of Education and UEW at the Winneba High Court.

VCG’s request was that the governing council be allowed to handle the matter. This is exactly what the UEW governing council has accepted to do, and constitutionally, per administrative law, has interdicted some officials of UEW.

The governing boards of CEPS and SSNIT recently interdicted some of their staff on the basis of powers arising from administrative law, so the UEW governing council’s decision to interdict the VC and 5 others, is perfectly legal.

Mr Kaba, the Executive Secretary of VCG accepts that UEW Governing Council would be right in interdicting the staff, only if EOCO had written to them.

I’m updating him emphatically that they were written to. In the case of the VC and Finance Officer (FO), twice; one letter mentioning all 6 who were subsequently interdicted, delivered by the EOCO boss from Cape Coast and another letter each to VC and FO, delivered by 2 staff from the Accra headquarters of EOCO!!!

Furthermore, is VCG saying that UEW Governing Council has no authority to have set up a Fact Finding Committee whose interim report is so damning?

Also, is VCG saying that the BNI Investigations could not form any basis for the UEW Governing Council to interdict?

I guess they would rather listen to a failed academic-cum-pathological liar who took part in a Governing Council vote on the issue of interdiction and turned round to lie to the whole world in his radio interview that the interdiction was simply a unilateral and dictatorial decision of the Governing Council Chairman. For the records, it was an 8 to 4 majority for the interdiction with 1 abstention.

UTAG National has either forgotten the contents of its press release, dated 18th September 2017, or is blatantly ignoring its own demand captured in that press statement.

This is because, UTAG National press release on 1st November 2017, is inconsistent with the statement released earlier on 18th September 2017. Can UTAG National explain to reasonable Ghanaians the basis of this inconsistency?

Also, why is UTAG National now serving as the mouthpiece of all the interdicted officials? Are the FO and the 4 others now UTAG members? The 'money bags' man is clearly buying the services of all those who matter in his bid for freedom!

In _re_ Presidential Election Petition; Akufo-Addo, Bawumia & Obetsebi-Lamptey v Mahama & Electoral Commission (National Democratic Congress), (No. 4) [2013] SCGLR (Special Edition) p 86, Atuguba JSC stated that, "it is globally established that where a constitutional infraction causes no injustice by way of injurious prejudice to a person, such infraction should not have an invalidating effect ..."

Applying this reasoning to the position of the current Ag. VC of UEW, who was the Pro VC (an elected position and NOT appointed by council), and since his election caused no injustice by way of injurious prejudice to a person, his election and subsequent ceremonial 'appointment' by council, should not have an invalidating effect on his previous position of Pro VC.

It would be unfair and fraudulent for some incompetent and ignorant apparatchiks to seek to invalidate the election of Rev. Fr. Prof. Affu-Broni as Pro VC on a purely technical ground (without legal basis).

UEW convocation members, queued to cast their ballots leading to the unanimous election of Rev. Fr. Prof. Afful-Broni as the Pro VC of UEW. He was elected competitively by UEW Convocation members, and the governing council only had to rubber stamp it - Just like the Chief Justice of Ghana having no option, but to swear in the President-Elect.

Rev. Fr. Prof. Afful-Broni wasn't appointed or recommended by council to the position of Pro VC. This is why legally, the unconstitutional decisions of the illegal council at that time, have no legal effect on his prior role as Pro VC that subsequently put him in position to act as the VC of UEW, which he is currently doing as a result of the interdiction of the substantive VC.

Rev. Fr. Prof. Afful-Broni's mandate as Pro VC arose out of an election. If at the time that he was elected, there was no regular council to effect an appointment thereto, it would have had no effect on the outcome of the election. A ratification (just like what the current governing council did with regards to some appointments and promotions at UEW) could have cured same, unlike that of Prof. Avoke, whose mandate as a VC wholly emanated from the defunct council.

From the provisions of the University of Education, Winneba Act 2004 (Act 672), the office of the Pro VC is an elected position and not one that council has power over. A candidate who garners the highest votes cast is elected to the position. No discretion is given to council to choose, neither can council annul the elections, except under exceptional circumstances.

Why are dick-head Prof. Victor K. Owusu and his cohorts not going to court to assert their rights, but rather take to spewing falsehood, outright fabricated lies, and insults? Only failed academics will engage in such futility.

My name alone has caused you and your comrades nightmares. A trait only accustomed to failed academics.

You advised Honourable Kennedy Agyepong to take his "hands off our GUSSS" in your article titled, "Kennedy Agyepong's Useless Ranting on UEW Impasse", where for the first time you got my name right. Can't you see that you have again blown your cover? Prof. Victor K. Owusu is a GUSSS contributor ooh!! This is discernible from his admission above.

As explained earlier, the provisions of sections 6 and 7 of Act 766, puts GUSSS under the supervisory jurisdiction of the National Pensions Regulatory Authority. So Prof. Victor K. Owusu's argument that GUSSS is a private pension scheme, and so Hon. Kennedy Agyepong and the government should stay off it, amounts to stupidity and ignorance of the highest order. Another vivid trait of a failed academic.

Who started playing politics at UEW? Is it the interdicted VC and his administration who refused some political parties the use of UEW Liberation Square for campaign purposes, but made it available to one particular political party for campaigning in 2016 or Hon. Kennedy Agyepong in 2017?

Prof. Victor K. Owusu, you are insignificant in my eyes, so I owe you no duty to explain my resignation from the British Armed Forces. My discharge letter is available for those who matter. Sue me if it is an offence for the son of a peasant farmer to have joined the British Armed Forces. I don't know why you are not suing me, but keep on worrying yourself! Excuse me, it nearly escaped me that you are a failed academic, hence your posture.

In a previous article, where I argued why Prof. Avoke and 5 others are NOT and NEVER clean of the UEW case, I made it succinctly clear that until and unless, Prof. Avoke furnishes EOCO with the legal basis under Act 663 where authority was derived from for the purchase of his official Mercedes Benz Car, the 8 Toyota Double Cabin Pick-Ups, and the 4 contracts valued at over Ghc 500,000,000.00 awarded to SPAKXXX in a single day, he remains clothed with uncleanliness in the UEW case.

Until Prof. Avoke does that, it will not be far-fetched to decorate him with the accolade of 'supreme leader' of the failed academics!

This is just a basic test, starting with proof of the advert of those contracts in a National Daily Newspaper, up to the submissions made to the National Tender Review Board. This is something that even a nursery chap can produce in a matter of seconds! Why is Prof. Avoke not carrying out this basic and simple act to exonerate himself?

May the curse of Allah and the Holy Quran, be on Victor K. Owusu for calling my beloved late dad, "foolish".

Please insult me from A to Z, I have no problem with you. It is apparent that you can't defend your paymasters with a shred of evidence other than insult all those who are out to protect the public purse and defend the ordinary poor suffering Ghanaian from the claws of "greedy bastards", out to loot as much as they could. Only a failed academic like you will harbour any iota of hope that the interdicted VC and his sidekicks will ever return to their posts at UEW. They are history now, in terms of managing the affairs of UEW.

That single GUSSS contract I mentioned earlier, that was awarded to SPAKXXX in clear breach of Act 663, is enough to see them end up at Nsawam Medium Security Prison. It is a question of how many years they are going to be locked up, but NOT if!

Am making a passionate appeal to Prof. Avoke to engage a competent person who can quote the law to support his arguments as I have exhibited above to square off with me.

All those you have deployed so far, thus, Prof. Victor K. Owusu; the misguided defenders of so-called academic freedom; that visibly worried ex-council member of UEW governing council; Ziga; Agbeshie Epiphany; Ms Shine Agbevivi; and all the other faceless puppets, have all failed 'big time' to quote a single relevant law of this country to support your course.

Only failed academics (to borrow the words of Prof. Victor K. Owusu) could have failed to notice this.

At the moment, Prof. Avoke is riding a dead horse! (Ephraim, Ahmed and Vincent combined, cannot produce a coherent article to alter your doomed course) Are you lot not ashamed!

Alhassan Salifu Bawah
(son of a peasant farmer)