The High Court in Adentan has overturned a directive by the Ghana Tertiary Education Commission (GTEC) that sought to derecognise qualifications awarded by Universidad Empresarial de Costa Rica (UNEM), ruling that the Commission acted unlawfully and breached due process.
The judgment, delivered by Justice Kwame Gyamfi Osei on May 28, 2026, followed a legal challenge by 23 academics and professionals whose doctoral degrees from UNEM were affected by GTEC’s November 2025 directive.
The directive barred holders of UNEM qualifications from using their certificates for teaching, appointments, promotions, and career advancement within Ghana’s tertiary education sector.
The applicants argued that GTEC had previously assessed, validated, and recognised their qualifications before reversing its position without consulting them or giving them an opportunity to respond.
The court agreed, holding that GTEC’s decision directly affected the applicants’ rights and professional interests and should not have been taken without following the principles of natural justice.
Justice Osei ruled that the Commission violated Article 23 of the 1992 Constitution, which requires public institutions to act fairly, reasonably, and in accordance with due process.
The court further held that GTEC could not retrospectively undermine qualifications that had already been awarded and recognised.
Referring to existing accreditation regulations, Justice Osei noted that the withdrawal of an institution’s accreditation does not invalidate qualifications awarded before the revocation.
The judge also found GTEC’s position contradictory, stating that while the Commission claimed the certificates remained valid, it had effectively stripped them of their practical value by preventing their use for employment, promotion, and academic advancement.
Additionally, the court ruled that GTEC unlawfully revoked the registration of OAA Consulting Limited, UNEM’s local representative in Ghana, after failing to follow the required procedures.
As part of the judgment, the court ordered GTEC and affected tertiary institutions to reverse any actions taken against holders of UNEM qualifications awarded before October 20, 2025.
It also barred the Commission from enforcing the directive and formally quashed it.
Although the court ruled in favour of the applicants, it declined to award damages, citing insufficient evidence of financial losses.
The decision is seen as a major setback for GTEC and could have significant implications for the regulation and recognition of foreign academic qualifications in Ghana.
