Court Quashes GTEC Directive Derecognising UNEM Degrees
The High Court in Adentan has quashed a directive issued by the Ghana Tertiary Education Commission (GTEC) that sought to derecognise degrees awarded by Costa Rica-based Universidad Empresarial de Costa Rica (UNEM).
The court ruled that the commission acted unlawfully and failed to adhere to the principles of natural justice.
In a judgment delivered on May 28, Justice Kwame Gyamfi Osei ruled that GTEC’s directive dated November 5, 2025, which barred holders of UNEM certificates from using their qualifications for teaching, appointments, promotions and career advancement within Ghana’s tertiary education sector, violated the rights of affected graduates.
The case was brought before the court by 23 academics and professionals who obtained doctoral degrees from UNEM between 2017 and 2023. The applicants argued that GTEC had previously recognised and validated their qualifications but later reversed its position without consulting them or providing an opportunity to respond.
The court agreed with the applicants, stating that the directive directly affected their academic and professional interests and that they should have been granted a hearing before any adverse decision was taken.
Justice Osei held that GTEC’s actions breached Article 23 of the 1992 Constitution, which requires public and administrative bodies to act fairly, reasonably and in accordance with due process when making decisions that affect individuals.
A major issue before the court was whether GTEC had the authority to withdraw recognition of qualifications that had already been awarded and validated. While GTEC maintained that it was acting within its mandate to uphold academic standards and did not invalidate the degrees themselves, the applicants contended that the directive effectively rendered their qualifications useless for professional and academic purposes.
The judge ruled that qualifications previously awarded and recognised could not be retrospectively invalidated. He cited Regulation 14 of the National Accreditation Board (Accreditation of Tertiary Institutions) Regulations, 2010 (L.I. 1984), which provides that the revocation of accreditation does not affect the validity of certificates and degrees already awarded.
The court rejected GTEC’s argument that the degrees could remain valid while being barred from academic and professional use. Justice Osei noted that qualifications are acquired specifically for such purposes and questioned the practical value of certificates that cannot be used for career progression, employment or academic advancement.
The court also examined GTEC’s decision to revoke the registration of OAA Consulting Limited, UNEM’s local representative in Ghana. The applicants argued that the revocation did not comply with legal procedures, including the requirement to provide six months’ notice to allow for corrective measures.
Justice Osei found that GTEC failed to demonstrate compliance with the required procedures and consequently declared the revocation unlawful and procedurally flawed.
The court further ruled that the applicants had legal standing to challenge the revocation because GTEC’s decision to derecognise UNEM degrees was founded on that action.
Consequently, the court ordered GTEC and all tertiary institutions that had implemented the directive to reverse any decisions taken against holders of UNEM degrees awarded before October 20, 2025. It also restrained GTEC and educational institutions from enforcing the directive against affected graduates.
The court formally quashed the directive, effectively rendering it null and void. However, Justice Osei declined to award damages to the applicants, stating that there was insufficient evidence to prove that the directive had been fully enforced in a manner that caused measurable financial loss.
The ruling is expected to have significant implications for the regulation and recognition of foreign academic qualifications in Ghana’s tertiary education sector.
