Eagle Eye Report; Filing the case and Failing the case (SRC Judicial board and BUSA )

                      

In accordance with Article 36 clause 1 of the SRC Constitution of UDS Wa Campus, the Judicial Board of SRC forwarded a petition of a group of students from Business Student Association to the Judicial Board of the Business Student Association led by One Samuel (herein lead petitioner).

The said petition was intended to seek for explanation to why some students in the association had not received their souvenirs, the lead petitioner who petitioned the association at the highest court in the institution (herein SRC Judicial board), in accordance with the aforementioned Article the SRC judicial board chair after receiving the petition did not summon the association but rather forwarded the petition and recommending the association Court (herein the lower court) to sit on the case. As the highest court in the institution by  Article 36 clause 1 (C)  the SRC Judicial board should have sit on the case with counsel for the defendant (herein BUSA judicial Board) and the lead petitioner to resolve the issue but rather forwarded the petition to BUSA Judicial board to sit on the case, SRC judicial board been the highest and wanting the case to be tried at the lower court (BUSA Judicial board) at least should have accord the association with respect and put into writing or better still ask the lead petitioner to tender in the petition to the BUSA Judicial board for hearing as the petitioner is a member of the association and reserves the right to be heard.

The association (herein BUSA judicial board) having felt disrespected by the highest court pay no heed to the petition handed over to by SRC Judicial board chair and recommended for hearing (a statement written  on the petition), the lead petitioner after days of tendering in the petition complained to the SRC Judicial board chair who also upon several follow ups yielded nothing, BUSA Judicial board chair who could have put it into writing noticing  the SRC Judicial board of the process involved in tendering and the disrespect accord to the association court failed in doing so thereby disrespecting the SRC Judicial board.

The SRC Judicial Board having felt disrespected and in accordance with article 33 clause 1 issued a Mandamus writ and gave the BUSA Judicial board 24hrs ultimatum to settle the case or shall be charged with act of contempt for disobeying the orders of the SRC court, 24hrs passed BUSA Judicial board still failed to sit on the case, the SRC Judicial board failed to hold the association court judge for act of contempt.

On 8^th March 2019, the SRC court in accordance with Article 33 clause 3 of the SRC constitution issued a writ of summon  to the judicial board of BUSA to appear before the  SRC court to answer the complaints that was served to the association court on 10^th march, 2018 at exactly 3:00 pm GMT. The association court failed to pay heed to the summon.

On the 10^th of March, 2019 the SRC public relation unit issued a notice to the student populace disbanding BUSA subsequently the ruling of the verdict by the SRC court was also released, in the verdict, a 5 – member panel who sat on the case presided by Justice Ankamah Dominic by unanimous decision agreed that judgment by default should be passed against BUSA on the basis that; BUSA disrespected the SRC court, have taken the very students who gave BUSA the mandate to operate on Campus as an association for granted and therefore overburdening the SRC with problems, BUSA have failed to recognize the SRC constitution and appreciate the fact that BUSA operates under the students’ representative council.

THE RULLING OF THE COURT

With accordance to Article 37, Clause 2 of the SRC Constitution, the following are the ruling of the Court;

1.      The entire Business Students’ Association should be dissolved

2.      No student should do any business or have any form of engagement with the Association in anyway.

3.      No one shall hold out as BUSA Executive in any capacity. Such person shall be arrested and prosecuted for deception and impersonation

4.      The Association upon receiving this verdict, must within 14 School days, must hand over all documents, stocks and assets of the Association to the SRC Judicial Board under the supervision of the Vice Dean of Students’ ‘Affairs and the BUSA Patron.

According to the ruling, BUSA has been dissolved, which means that the upcoming BUSA election is not possible; SRC court now acts as executives of BUSA.

From the genesis of the whole issue both court has failed in one way or the other in the exercise of their duty,  the lead petitioner also member of the association has failed as a member in tendering in his petition to the BUSA court but rather preferred to fasten things up lead to the dissolution of the largest association on UDS Wa campus.

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