SDD UBIDS VC’s lawyers threaten legal action against GTEC’s retirement directive

Lawyers representing the Vice-Chancellor of SD-Dombo University of Business and Integrated Development Studies (UBIDS) have threatened legal action against the Ghana Tertiary Education Commission (GTEC) for instructing their client to retire.

Professor Philip Duku Osei’s legal team argues that GTEC committed an illegality by directing him to retire upon reaching the compulsory retirement age of sixty.

GTEC in a statement issued on January 4, 2024, said, “The attention of the Ghana Tertiary Education Commission (GTEC) has been drawn to your [Professor Philip Duku Osei] stay in office as the Vice-Chancellor of UBIDS, notwithstanding your attainment of the compulsory retirement age of sixty (60) years on 30th November, 2023. Sir, as you may be aware, the compulsory retirement age for all Public Servants of the Republic of Ghana is sixty (60) years. As a result, you are by this letter directed to hand over to the Pro-Vice Chancellor of the University, Prof Emmanuel IC Derbile who is to act as informed by the Statutes of the University until a substantive Vice-Chancellor is appointed.”

The lawyers, in a letter to GTEC, stated that the directive is unconstitutional because the university was aware of Prof Osei’s age when appointing him, with a clear appointment duration, and thus, the directive must be withdrawn.

“The Ghana Tertiary Education Commission (GTEC) is not the appointing authority that appointed Our Client as the Vice Chancellor of UBIDS and therefore has no authority or capacity or locus on the matter of the retirement of Our Client.”

“UBIDS was very much aware of the 30th November, 1963 date of birth of Our Client when it appointed Our Client to the position of Vice Chancellor of UBIDS and indicated clearly in its letter dated June 9, 2022 that Our Client’s appointment would end on August 31, 2024.”

The legal team threatened that they would seek legal redress if GTEC did not rescind its directive within ten working days of receiving their letter.

“TAKE NOTICE AND BE HEREBY NOTIFIED that if and when within Ten (10) working days of receipt of this letter, inclusive of the day it is received, you refuse/fail/neglect/elect not to revoke your letter of 4th January 2024, we are under further instruction to proceed to court to have you compelled to do so.”

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