Home General UEW, GIJ Sagas: Avoke, Dzisah removed on tribal grounds – Atuguba

UEW, GIJ Sagas: Avoke, Dzisah removed on tribal grounds – Atuguba

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Professor Raymond Atuguba a renowned law professor, has described the removal of Professor Mawutor Avoke and Dr. Theopholus Senyo Ackorlie from office as Vice-Chancellor and Finance Officer, respectively of the University of Education, Winneba (UEW), as smacking of tribalism.

Similarly, he said the removal of Dr Wilberforce Dzisah as Rector of the Ghana Institute of Journalism (GIJ) – all upon the coming into office of the New Patriotic Party (NPP), only points to tribalism.

In a statement, Prof. Atuguba said: “When a change of government occurred in January 2017, a certain cabal (for lack of a better word) that is associated with Winneba, saw this as an opportunity to change principal officers of the University of Education, Winneba. After acting as Lawyer for the victims of this move, I can only conclude that the only real reason for their removal was ethnocentric. So Vice Chancellor Avoke, Finance Officer Akorlie, and bearers of similar such names had to go.

“Note that this is not an isolated incident. At the moment, I am also lawyer for VC Dzisah of the Ghana Institute of Journalism, who, like Avoke and Akorlie bear names that are not quite “right”. I must say that the whole enterprise was so revolting, distasteful and crude that I constantly had mental and tummy convulsions in conducting the cases, until I decided to withdraw my representation before I was tempted to say things in court that are unprofessional and jeopardise my clients’ cases”.

Read Professor Atuguba’s full statement:

FACT ONE:

When a change of government occurred in January 2017, a certain cabal (for lack of a better word) that is associated with Winneba, saw this as an opportunity to change principal officers of the University of Education, Winneba. After acting as lawyer for the victims of this move, I can only conclude that the only real reason for their removal was ethnocentric. So Vice-Chancellor Avoke, Finance Officer Akorlie, and bearers of similar such names had to go. Note that this is not an isolated incident. At the moment, I am also lawyer for VC Dzisah of the Ghana Institute of Journalism, who, like Avoke and Akorlie bear names that are not quite “right”. I must say that the whole enterprise was so revolting, distasteful and crude that I constantly had mental and tummy convulsions in conducting the cases, until I decided to withdraw my representation before I was tempted to say things in court that are unprofessional and jeopardise my clients’ cases.

FACT TWO:

To achieve the above dastardly ethnocentric objective, the cabal set out to use 6 strategies.

Strategy one: Try to misuse the courts to remove the UEW officials

The cabal went to the Winneba High Court for a declaration that the appointments of Prof. Avoke and others were unlawful and that they had committed breaches of the Procurement Act and should be removed from office. Without giving Prof. Avoke and co., a hearing, the Winneba High Court, in breach of many laws in Ghana, granted the application and removed the officers from office.

I immediately filed a case to the Supreme Court on behalf of UTAG, which had taken up the case of the embattled lecturers, and in December 2017, the Supreme Court quashed, nullified, cancelled, the High Court judgment.

Strategy two: Victimise all the persons who tried to prevent the misuse of the courts to dismiss the innocent officials

Having failed to misuse the courts to remove the officials, the cabal decided to victimize anyone who had assisted in preventing them from doing so. As I write, the then President of UTAG, UEW branch, in whose name we mounted the failed application to join the Winneba suit and the successful first Supreme Court suit were brought, Dr. Bekoe, has been dismissed as a Lecturer by the UEW Council on trumped up charges. He has also been reported to the Winneba Police, again on trumped up charges, and is currently being prosecuted in the courts. He was rudely evicted from his residence late at night with this family soon after. The new President of UTAG, Winneba Branch, Dr. Duku, who replaced Bekoe, is currently facing disciplinary charges for bringing the case to court, and following the trend, will most likely be dismissed! What has Ghana descended to!

Every person who has sympathized with the embattled officers, has either been dismissed by the University or is currently facing disciplinary proceedings. The Disciplinary Committees, illegally set up, contrary to the 1992 Constitution and the University Statutes, act like typical kangaroo courts and have had a 100% success rate at dismissing from office anyone who has appeared before them so far in relation to this matter. One such person, Ms. Shine Lilian Agbevivi, was dismissed for forwarding a message that was supportive of the embattled officers to a UEW whatsApp platform! It looks like her name does not also sound “right”.

However, this strategy has also failed, as more and more persons are speaking up against the injustices, even as more and more of them are being sacked or hauled before disciplinary committees.

Strategy three: Try to misuse state investigative institutions to remove the UEW officials and the media to paint the embattled officers black

Having failed to quieten the harbingers of justice and human rights, the cabal moved to strategy number 3. Use state institutions to investigate and find something, anything, against the officials sought to be dismissed. Unfortunately, both the BNI and EOCO have been unable to find anything against them. When I acted as their lawyer, I wrote to both institutions to provide us the evidence of wrong doing that the University Council says the two institutions have found against my then clients. They were unable to produce anything.

In the meantime, the UEW Council has used public funds to sponsor full paged advertisements in the media, announcing that the embattled officers are guilty. Some of those who signed these announcements, turn around to sit on committees set up to investigate these officials. You declare them guilty today, and the next day you sit in judgment over them. Is this Ghana?

Strategy four: Go back to the courts and try to misuse them again

Having failed at the courts the first time, and having failed to cow everyone into submission, and having failed to find wrongdoing using the BNI, EOCO and the media, the cabal had nowhere else to go, but back to the courts. So back to the Winneba High Court they went, and secured a second judgment removing Prof. Avoke from Office as VC.

I again immediately filed a case in the Supreme Court for the second time, seeking to cancel out the second very wrongful judgment of the Winneba High Court. The Supreme Court has fixed 31st October 2018 (next month) as the date for judgment in this case. Do you now see why there is a rush to install a new VC before next month?

Indeed, I had also filed in the Supreme Court, applications for interim orders seeking to halt the victimizations, the dismissals, and the installation of new persons to offices that are contested in court. I also asked that these applications be heard in the vacation. These applications can, therefore, technically, be heard even tomorrow by the Supreme Court, now that most judges are back in town. Do you again see why there is a rush to install a new VC immediately?

Strategy five: Disrupt the attempts of the embattled officers to seek justice independently

In the meantime, I had instituted an action in the Cape Coast High Court, seeking to remove the usurpers from office and to declare that my clients were still the rightful office holders.

I also brought actions to reinstate the Lecturers who were unlawfully dismissed. The cabal did everything to prevent the cases from being heard. On one occasion, in desperation, they sought an adjournment on the grounds that their lawyer was suddenly taken ill. It is not easy to lie, you know.

The documentation they provided from the doctor showed that the letter to be excused from court was written two full days before the lawyer purportedly suddenly fell ill and was seen by the doctor! I pointed this out in open court.

Because our rules of court are pro-defendant and not pro-plaintiff, it is easy for these disruptions to occur.

When we were making headway in the matter by June of this year, and the court had fixed judgment for August, “things” started to happen. As we speak, the judge sitting on the case has been transferred.

Strategy six: Use the president to provide political legitimacy to an illegality

In desperation, the cabal is now moving to their final strategy. Pull in the Father of the Nation, the First Gentleman, the Head of Government and of the Executive, and surreptitiously use him to give a cover of legitimacy over something that is clearly illegal, by fixing an induction of a new VC for UEW at the time the President is conducting a Central Regional tour, so that the President will, perhaps unwittingly, making a number of statements to the public:

1. That the illegal removal of Prof. Avoke and other officials in Winneba, and indeed in other Universities, is alright and has the support of the President;

2. The illegal installation of a new VC in Winneba, at a time that the Supreme Court is about to decide his fate next month, and the High Court is also set to decide the fate of the purported successor to Prof. Avoke next month, has the support of the President.

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  81. L’UFCM a constaté depuis quelques mois l’accroissement des tromperies à la « roqya ». Les témoignages de personnes victimes de ces pratiques se multiplient et présentent les mêmes caractéristiques : « Une personne vous appelle et vous propose une séance de « roqya » gratuite. Cette personne vous propose de rappeler un numéro prétendu gratuit, souvent un numéro commençant par 0 800… » Mais, dans les faits, cette prestation est loin d’être gratuite, puisque la conversation est facturée à vos frais et à votre insu. Au-delà de l’aspect juridique qui est traité à ce jour par le pôle juridique de l’UFCM[1], ce procédé soulève la problématique de sa conformité au Coran et à la Sunna. En effet, la « roqya » peut se définir comme une thérapie qui permet de soigner les actes de sorcellerie, de mauvais œil et également de se protéger contre ces derniers. Par conséquent, est-il possible de la pratiquer par téléphone et quelles sont les exigences édictées par le Coran et la Sunna ? Nous présenterons ainsi successivement les conditions liées au soignant (I), les exigences relatives à l’environnement où est réalisée la « roqya » (II). Nous aborderons ensuite la question de la gratuité de la prestation ou de sa contrepartie financière et enfin les conditions dans laquelle elle est réalisée (III). I- Les conditions liées au soignant Souvent la « roqya » est perçue comme une pratique dispensée par un tiers. Or, il est essentiel de rappeler et de souligner un fait important : la meilleure des « roqya » est celle que nous dispensons nous-mêmes à travers le « dhikr » et la récitation du Coran. Ainsi, pour se prémunir des maux liés au mauvais œil ou à la sorcellerie, il convient régulièrement de lire le Coran et faire des invocations notamment celles du matin et du coucher, de réciter régulièrement la sourate « La vache », de renouveler son intention, de placer la certitude dans son cœur, d’effectuer ses prières etc., et surtout de demander à Allah la meilleure des protections. Toutefois, dans certaines conditions, il est nécessaire de recourir à un soignant. C’est à ce stade qu’il convient d’être vigilant. Il ne suffit pas de se rendre auprès d’une personne qui se présente avec la qualité de cheikh ou d’imam pour accepter de lui confier cette pratique. Comme pour tout procédé et encore plus lorsque cela relève de considérations religieuses, il est important de bien choisir son soignant car ce dernier est tenu de posséder des qualités bien affirmées. La maîtrise du Coran et des traditions prophétiques en la matière est une condition sine qua none, mais insuffisante. La personne doit également avoir des notions de psychologie afin de déterminer la part de sorcellerie et celle de troubles psychologiques fréquents chez les patients. La personne doit posséder une bonne hygiène de vie, notamment spirituelle puisqu’il n’est pas inutile de rappeler que le succès de la « roqya » dépend de Dieu. Ces critères sont difficilement évaluables, surtout par une personne qui est affectée par un mal-être, quelle que soit sa source. C’est pourquoi les proches doivent accompagner la personne dans la recherche d’un soignant qualifié et reconnu comme tel par des référents religieux de la localité (imam, responsables associatifs, etc.). De manière générale, le soignant doit posséder des qualités déterminées que nous pouvons synthétiser de la manière suivante. Il doit : être en capacité de lire le Coran, croire avec certitude au Coran, être empreint de piété, connaître les pièges et les caractéristiques du diable et des djinns, connaître la méthode prophétique de la « roqya », disposer de connaissances de base en psychologie, avoir la conviction que le succès de sa thérapie dépend de Dieu. A l’exception de la première exigence, il semble difficile de vérifier les autres conditions dans le cadre d’un entretien téléphonique avec une personne que nous n’avons jamais rencontrée, même si elle se présente sous le titre de « cheikh » ou d’un imam. Par conséquent, ces conditions soulignent une première limite quant au recours à la « roqya » par téléphone. Par ailleurs, à l’instar de tout médecin, le soignant doit, avant de prodiguer des conseils ou une médication, procéder à une consultation. Ainsi, un environnement adéquat est indispensable pour la réalisation d’une « roqya ». Il est enfin inconcevable qu’un médecin puisse vous affirmer par téléphone connaître votre maladie et attester pouvoir vous guérir. Vous auriez plus que des doutes sur ce prétendu médecin. II- Un environnement propice et la réalisation d’une consultation préalable à la réalisation d’une « roqya » Il est intéressant de noter que, dans son ouvrage « Comment se protéger des djinns & satan », Wahîd ‘Abdussalâm Bâli évoque l’importance du climat pour réaliser une roqya[2]. Ainsi, il expose les points suivants : « 1. Préparer le climat adéquat en faisant par exemple sortir les images et les statues de la pièce où on va soigner le malade, pour permettre aux anges d’y entrer. 2. Débarrasser le sujet de tout ce qu’il peut porter sur lui comme talismans ou amulettes et les brûler. 3. Éteindre tout ce qui peut émettre le son de la musique et des chants. 4. Vider le lieu de tout ce qui comporte une infraction à la shari‘a à savoir, par exemple, la présence d’un homme qui porte de l’or ou une femme qui ne porte pas le voile légal – al-hijab. 5. Donner au malade et à sa famille une leçon de dogme de façon à ce que leurs cœurs ne soient pas attachés à un autre qu’Allah. 6. Leur faire savoir que la façon de soigner est différente de celle des sorciers et des charlatans et que le Coran recèle guérison et miséricorde, comme l’a informé Allah le Puissant et le Majestueux. 7. Diagnostiquer son cas : pour cela poser des questions au malade pour s’assurer de la présence de tous les symptômes (…) ». Or, dans les témoignages communiqués, l’interlocuteur qui se présente comme soignant ne pose aucune question aux personnes. Il débute ainsi la « roqya » directement par une récitation du Coran. En outre, il est intéressant de souligner que dans l’un des témoignages communiqués à l’UFCM, l’interlocuteur demandait à la personne de remplir successivement des verres de lait, d’huile, d’eau etc. et de les poser par la suite sur la table de la salle à manger. Au point que la personne s’est retrouvée avec une multitude de verres posés sur la table. Le comble est que la personne ignorait ce qu’elle devait en faire lorsqu’elle a pris conscience de la tromperie. Nous constatons par conséquent qu’une « roqya » ne peut être réalisée dans un environnement quelconque. En effet, une procédure de diagnostic est essentielle. Nous pouvons à titre d’exemple faire le parallèle avec un rendez-vous chez le médecin ; ce dernier ne peut vous prescrire une ordonnance sans au préalable vous avoir ausculté et interrogé sur les différents symptômes que vous ressentez physiquement. A défaut, au lieu de guérir vous allez aggraver vos maux. Cette attitude vigilante du médecin traitant doit se retrouver lorsque nous envisageons le recours à une « roqya ». Pour illustrer ce propos, nous citerons l’exemple de l’anthropologue, spécialiste de l’islam européen, Farid El Asri, chercheur associé au Centre Jacques Berque, qui nous rapporte une situation alarmante suite à une « roqya » : « Une jeune femme en Belgique (…) est morte suite à une tentative d’exorcisme. Pendant les séances, les fkihs (imams) utilisent normalement de l’eau « coranisée ». Pour cette jeune femme, prétendument stérile, les exorcistes ont carrément plongé son visage dans l’eau et quand elle tentait d’en sortir pour respirer, les guérisseurs estimaient qu’il s’agissait du jinn qui l’habitait et ils replongeaient son visage dans l’eau. Pendant le procès, la famille de la défunte s’est présentée comme musulmane et a accusé ces pratiques d’être extérieures à l’islam quand les guérisseurs estimaient qu’ils avaient simplement fait ce qu’ils pouvaient. Le fait de recourir trop systématiquement au fkih risque également de faire passer une crise d’épilepsie, par exemple, pour une crise de possession. »[3] Nous allons aborder enfin la dernière problématique, celle relative aux honoraires du soignant. III- Les honoraires du soignant Le Prophète, bénédictions et salut sur lui, « a agréé les Compagnons qui ont été payés pour la roqya ». Il est dès lors autorisé de rémunérer un soignant en contrepartie d’une prestation. Toutefois, cette rémunération doit être raisonnable et surtout clairement définie avant le traitement. En outre, nous ne pouvons que souligner et rappeler que, si la roqya est réalisée dans un cadre sérieux, il convient de procéder à toutes les déclarations administratives. Comme pour tout contrat, vous devez exiger un document écrit et le praticien doit préciser quels sont ses engagements exacts afin d’éviter tout litige postérieur. Malheureusement, tous les témoignages transmis à l’UFCM soulignent que l’interlocuteur insiste à plusieurs reprises sur la gratuité de la prestation. Or, dans les faits, cette dernière est payante puisque le coût de la communication est surtaxé. Ainsi, l’une des victimes qui nous a contacté, s’est retrouvée avec une facture téléphonique (hors forfait) de 1800 euros. Par conséquent, nous constatons que ces « roqyas » gratuites sont fondées sur la technique dite du « call-back » qui consiste à amener une personne à rappeler un numéro surtaxé, information qui lui est bien évidemment dissimulée. Une « roqya » peut être payante à condition de respecter un cadre prédéterminé, fondé sur l’information et la transparence des honoraires. En conclusion A la lumière des développements susvisés, l’UFCM appelle d’une part à une régulation du métier de la pratique de la « roqya », d’autre part, à la vigilance de chacun à ne pas céder à la tentation d’une « roqya » qui ne serait pas réalisée dans les conditions requises et qui pourrait produire des effets inverses. Au-delà du cadre spirituel ou juridique, les divers témoignages reçus et étudiés par l’UFCM ne peuvent pas nous laisser indifférents à la question suivante : pourquoi des personnes sont-elles amenées à accepter aussi facilement une « roqya » par téléphone ? Est-ce la gratuité qui a déterminé leur choix ? Certes le mal-être produit par cette société est de plus en plus grand. Nous vivons une époque où les êtres sont de plus en plus coupés des signes de Dieu et vivent un rythme de vie effréné. Ces affaires sont révélatrices des maux les plus profonds qui touchent la communauté musulmane. Par ailleurs, comme l’ensemble des rites islamiques (hajj, halal, pompes funèbres) censés nous rappeler les limites qui déterminent la voie vers Dieu, nous constatons que leur marchandisation trahit de plus en plus leur vocation première. Suffit-il qu’un interlocuteur se présente à nous comme un « cheikh » ou un imam et qu’il nous propose une « roqya » gratuite pour l’accepter aussitôt Ne devrions-nous pas tous nous interroger sur le fait qu’il y ait des musulmanes et des musulmans aussi isolés et aussi ignorants de leur propre religion pour être trompés aussi facilement ? Sommes-nous devenus si dépendants des Hommes que nous en oublions de nous adresser directement à Dieu pour solutionner nos malaises ? Autant de questions que chacun d’entre nous a la responsabilité de se poser. En effet, aucun de nous ou de nos proches ne sont à l’abri d’une telle tromperie. Il convient enfin de rappeler que la « roqya » est un remède précis et qu’elle ne peut se faire que sous certaines conditions et surtout qu’elle demeure l’exception à la règle, qui est de toujours s’adresser directement à Dieu. Avant de recourir à une « roqya », il convient de faire une introspection sur ses propres pratiques cultuelles et de revenir.

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