The University of Ghana has formally petitioned the High Court’s Commercial Division to replace Justice Francis Obiri as the presiding judge in an ongoing legal dispute involving some students of Commonwealth Hall, citing concerns over impartiality and conflict of interest.

The request, made through the University’s legal team, comes in the wake of a controversial injunction application hearing, during which the University alleges that Justice Obiri failed to ensure procedural fairness, including not allowing cross-examination of the applicant, Lawrence Edinam Egleh, before granting the injunction on February 9.

In an affidavit filed by Pro-Vice Chancellor Prof. Godwin Awandare, the University argues that Justice Obiri has a personal connection to Commonwealth Hall, where the affected students reside — a link they believe could compromise his neutrality.

“Although officially affiliated with Akuafo Hall during his time as a student, Justice Obiri was, in fact, a resident of Commonwealth Hall and by definition a ‘Vandal’,” the affidavit stated. It further alleges that the judge held a leadership role in the hall’s student culture, serving as a lead assistant to the then Chief Vandal under the alias “Chief Korea.”

Prof. Awandare continued, “The impartiality of Justice Obiri in these matters in which Vandals have a significant stake cannot be guaranteed.”

The University’s application calls for Justice Obiri to recuse himself, following the precedent set by Justice Stephen Oppong, who earlier stepped down from a related case due to his past affiliation with Commonwealth Hall and a desire to avoid any appearance of bias.

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Background

The legal dispute stems from a recent injunction application filed by students of Commonwealth Hall, who have been locked in a standoff with university authorities over disciplinary actions, evictions, and perceived unfair treatment.

The case has attracted significant public attention, with debates surrounding student rights, institutional authority, and the rule of law at Ghana’s premier university.

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Next Steps

As of now, no official ruling has been made on the University’s recusal request, but legal observers suggest the motion could lead to delays or a potential reassignment of the case.

Justice Obiri has yet to publicly respond to the allegations.