FEDERATION OF YOUTH ASSOCIATION OF GHANA (FEDYAG) V. PUBLIC UNIVERSITIES OF GHANA & ORS, MINISTER OF EDUCATION, NATIONAL COUNSEL FOR TERTIARY EDUCATION AND ATTORNEY GENERAL

RULING

ATUGUBA, JSC (DISSENTING)

The plaintiff per its writ dated 22/4/2009 invoked the original jurisdiction of this court claiming the following reliefs:

“1. A declaration that the fee paying policy being implemented by the public universities of Ghana is inconsistent with, or in contravention of the letter and spirit of the Constitution, 1992 and more particularly articles 17(2)(3)(4)(a), 23, 25(1)(c), 34 (1), 38(1)(3)(a)(c) and 41(b)(d) thereof.

2. An order prohibiting any further implementation of the fee paying policy by the First Defendants herein and quashing same.”

In elucidation of its claim the plaintiff averred between paragraphs 2 and 6 of its statement of case as follows:

“2. As a country, like many states, within the comity of nations, we have an obligation of welcoming citizens of the world into our universities to pursue knowledge. It means that space must be reserved by the institutions concerned for these foreign students as we call them. It has almost always been the cas…