• Thu. Aug 11th, 2022

The Termination Letter From GES To “Teacher Kwadwo” Is A Serious Breach Of Administrative And Natural Justice – ASEPA

The GES’s termination letter to ‘Teacher Kwadwo’ has been described by the Alliance for Social Equity and Public Accountability (ASEPA) as a major breach of administrative and natural justice.

Mr Michael Owusu Afriyie, the P4 famous teacher and education campaigner Michael Owusu Afriyie, widely known as Teacher Kwadwo, had his appointment letter terminated by the Ghana Education Service (GES) on Saturday, December 20, 2021, for gross misconduct.

Mensah Thompson, ASEPA’s Executive Director, responded to the situation by saying that the termination letter looks to be a breach of not just natural justice, but also administrative justice.

Mr Thompson remarked in a lengthy Facebook post:

“Last night I spent three hours reading GES’s termination letter to Teacher Kwadwo….kyer3 s3 I can’t think far.

On one part GES is saying that they are aware that it is the Council that has the final say in terms of termination of the appointment of teachers…but even though the Council that can finalise this termination is yet to be re-constituted, teacher Kojo should leave the classroom until such a time the Council will be re-constituted and finalize his termination.

I know GES as an agency would have a resident lawyer advising them on issues, if not their mother Ministry the MoE is also well equipped with a legal department.

However, the case maybe the legal department of the GES and the MoE has led the institution down in what appears to be a breach of not only natural justice but of course a breach of administrative justice.

I do not see anywhere in the GES letter evidence of the application of the rule of natural justice precisely the principle of audi alterem pattem.

Neither do I see evidence of a strict adherence to the procedures of termination of the appointment of teachers according to the GES’s own rules.

What this calls for in essence is a judicial review of the decision of GES so it does not become a precedent, there is no where in the World a judicial decision can be allowed to take effect before it receives endorsement from the body mandated to discharge that decision.

We would therefore encourage teacher Kojo to apply to the Human Rights Court through a certiorari to set aside GES’s decision, several remedies including a prohibition may apply in this regard.

On the face of GES’s own letter, the optics of not look good enough!!

Mensah Thompson
Executive Director,ASEPA”

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