Professor Stephen Kwaku Asare, who has in recent times been critical of the Ghana General Legal Council and the School of Law over the admission processes, filed the writ Wednesday against the Attorney General and the General Legal Council on grounds that the processes are not in accordance with the law.
He is among other things, challenging the General Legal Council’s decision to use “interviewing and unreliable mode of examining students” as being biased, capricious and in contravention of the law.
The respondents have 14 days within which to respond to the writ after which the court will fix a date for the case to be heard.
Read the full writ issued by the US-based don at the Supreme Court below
1. A declaration that pursuant to Regulation 2 of L.I. 1296, a person is qualified for admission to pursue Professional Law Course at the Ghana School of Law or other alternative places of instructions specified by the General Legal Council (Council) if (a) he is of good behavior; (b) he has a degree conferred by the University of Ghana or any other University or Institution approved by the Council, and (c) he has passed the final examination in the list of 7 subjects specified at Regulation 2(c). In consequence, any administrative fiat that seeks to vary these requirements is contrary to constitutional right and power, unlawful, void, of no consequence and is a “brutum fulmen.”
2. A declaration that the General Legal Council’s decision to allow only 251 of the 875 students who qualify under Regulation 2 of L.I 1296 to pursue the professional component of the legal education, is arbitrary, capricious, biased, did not follow due process, is not in accordance with law, is in excess of statutory authority, and is contrary to constitutional right and power.
3. A declaration that the entrance examination to the Ghana School of Law and the subject matter of that examination, not backed by any legislative instrument, are not cognizable at law and cannot be used as a basis to deny students the opportunity to pursue their professional education. A further declaration that the Council’s power to conduct entrance examination to the Ghana School of Law or other alternative places of instructions extends to only persons who have obtained a degree in a subject other than law at the University of Ghana or any other University or Institution approved by the Council.
4. A declaration that the General Legal Council’s decision to use interviewing, a highly subjective and unreliable mode of examining students, is arbitrary, capricious, biased, did not follow due process, is not in accordance with law, is in excess of statutory authority, and contrary to constitutional right and power.
5. A declaration that the admission practices of the Ghana School of Law are arbitrary, capricious, biased, do not follow due process, violate Articles 296 and 23 of the Constitution and affront LI 1296.
6. An order directing the General Legal Council to specify within 7 days alternative places and modes of instruction that afford all persons meeting the requirement in LI 1296, regulation 2 an opportunity to pursue the professional component of the legal education, the completion of which entitles them to take the qualifying certificate examination or examinations, as determined by the Council, pursuant to Section 13(e) of ACT 32.
7. Any other reliefs that this Court deems necessary in exercise of its legal and equitable powers.
8. Costs for court expenses and counsel fees.
By: Stephen Kwabena Effah/3news.com/Ghana]]>