GLC requirements unconstitutional – Supreme Court

The Supreme Court on Thursday described the General Legal Council’s (GLC) imposition of new admission requirements for the professional course at the Ghana Law School as unconstitutional.

The Apex court indicated that the action of the Council violated Articles 11(7), 297(d), 23, and 18(2) of the 1992 Constitution.

A seven-member panel of the Supreme Court presided over by Justice Jones Dotse granted some of the plaintiff and dismissed some.

In October 2015, Professor Kweku Asare a Ghanaian based Professor filed a suit against the General Legal Council and the Attorney-General over the way and manner the Ghana School of Law conducts its entrance exams and interview for students, who want admission into the school.

The plaintiff in his suit prayed for a declaration that GLC’s imposition of entrance examination and interview requirements for the Professional Law Course violates Articles ll (7) 297 (d) 23, 296 (a) (b) and 18 (2) of the 1992 Constitution.

He also sought a declaration that the GLC’s exclusion of persons who have qualified under Regulation 2 of L1 1296 from pursuing the Professional law course violates Article ll (7)297 (d), 23, and 296 (a) and (b) of the Constitution.

The Plaintiffs also prayed the court for an order directed at the GLC to specify within 60 days; alternative places and modes of instructions that would afford all persons meeting the requirement of Regulation 2 of Ll 1296 the opportunity to pursue the profession component of legal education, the completion of which entitles them to take the qualifying certificate examinations as determined by the GLC.

Justice Dotse, in delivering the judgment, said the Council should put in place a new system within six months from the day of its judgment to address the concerns raised in the suit.

He said the orders should not take retrospective effect, but should be implemented in six months, when admissions for the 2018 academic year begins.

He said the actions of the Council were inappropriate.

The Court also recommended to the Council to allocate a quota to the University of Ghana and other institutions for an alternative places to ensure students have the opportunity to pursue their legal education.

GNA