The High Court in Adentan has thrown out a GTEC directive that sought to derecognise degrees from the Universidad Empresarial de Costa Rica (UNEM), ruling that the regulator acted unlawfully and breached the principles of natural justice.
Justice Kwame Gyamfi Osei delivered the judgment on May 28, 2026, handing a major victory to 23 academics and professionals who challenged GTEC’s decision. The regulator had, on November 5, 2025, issued a directive stating that UNEM certificates could no longer be used for teaching, appointments, promotions, or career progression in Ghana’s tertiary education system.
The affected individuals obtained their doctoral qualifications from the Costa Rican institution between 2017 and 2023. They argued that GTEC had previously assessed, recognised, and validated their qualifications before reversing its position without hearing from them.
“Since this letter directly affected the applicants, they ought to have been given the opportunity to defend themselves before the derecognition of their certificates,” Justice Osei said in the judgment.
The court found that GTEC’s actions breached Article 23 of Ghana’s 1992 Constitution, which requires public administrative bodies to act fairly, reasonably, and in accordance with due process.
A key issue was whether GTEC had the legal authority to withdraw recognition of qualifications that had already been awarded and accepted. GTEC argued it was acting within its mandate to protect academic standards and insisted it hadn't invalidated UNEM qualifications outright but only restricted their future use. The applicants contended they'd relied on GTEC’s earlier recognition to secure academic appointments, promotions, and career advancement.
Justice Osei sided with the applicants, ruling that GTEC couldn't retrospectively undermine qualifications already conferred and recognised. He referred to Regulation 14 of the National Accreditation Board (Accreditation of Tertiary Institutions) Regulations, 2010 (L.I. 1984), which states that revocation of an institution’s accreditation doesn't affect the validity of degrees awarded before the revocation.
“It's a fact that Certificates are specifically acquired for those professional and academic purposes,” Justice Osei said. “Hence, if the same are invalidated or derecognised in Ghana and cannot be used for those purposes, then what should they be used for?”
The court also examined GTEC’s revocation of the registration of OAA Consulting Limited, UNEM’s local representative in Ghana. The applicants argued that the revocation was done without following legal procedures requiring notice and an opportunity to address alleged breaches before sanctions are imposed. The law requires six months’ notice to allow deficiencies to be corrected before registration can be withdrawn.
Justice Osei found that GTEC failed to demonstrate it complied with the necessary procedural requirements, ruling the revocation procedurally flawed and unlawful. He held that the applicants had sufficient legal standing to challenge the revocation because GTEC’s subsequent derecognition of UNEM qualifications was based on that action.
As part of the judgment, the court directed GTEC and all tertiary institutions that acted on the directive to reverse any decisions taken against holders of UNEM qualifications. The ruling effectively restores the validity of those degrees for teaching, appointments, promotions, and career progression within Ghana’s higher education system.
- High Court in Adentan delivered judgment on May 28, 2026.
- 23 academics and professionals challenged GTEC’s November 5, 2025 directive.
- UNEM degrees were obtained between 2017 and 2023.
- Court cited Article 23 of the 1992 Constitution and L.I. 1984 Regulation 14.
- GTEC failed to give six months’ notice before revoking OAA Consulting’s registration.