Sunday, 14 June

Court annuls GTEC directive barring UNEM degrees, cites breach of due process

Education
Universidad Empresarial de Costa Rica (UNEM)

The High Court in Adentan has set aside a directive by the Ghana Tertiary Education Commission (GTEC) that sought to derecognise degrees awarded by the Universidad Empresarial de Costa Rica (UNEM), ruling that the decision was unlawful and breached due process.

The case was brought by 23 academics and professionals whose qualifications were affected by a GTEC directive issued on November 5, 2025, which barred UNEM degrees from being used for teaching, promotions, appointments, or career advancement in Ghana’s tertiary education sector.

Justice Kwame Gyamfi Osei, in a ruling delivered on May 28, 2026, held that GTEC acted without giving the affected individuals a hearing, violating Article 23 of the 1992 Constitution, which requires fairness and due process in administrative decisions.

The court also ruled that GTEC could not retrospectively undermine already awarded and previously recognised qualifications, referencing regulations that state revocation of institutional accreditation does not affect degrees issued before revocation.

GTEC argued it was protecting academic standards, while the applicants said they had relied on earlier recognition of their degrees for employment and promotions.

The court further found that GTEC’s revocation of OAA Consulting Limited’s registration was procedurally flawed, as required notice and opportunity to respond were not provided.

As a result, the court quashed the directive, restrained its enforcement, and ordered that decisions taken against affected UNEM degree holders before October 20, 2025 be reversed.

No damages were awarded, as the court found insufficient evidence of quantifiable financial loss.

The ruling is a significant setback for GTEC and has implications for how foreign qualifications are regulated in Ghana.

Source: classfmonline.com