A US-based Ghanaian professor on
Wednesday filed a suit at the Supreme Court to nullify the use of
interviewing and entrance examination as the basis of admission into
Ghana School of Law to pursue the professional law course.
Professor
Stephen Kwaku Asare has in recent times been critical of the Ghana
General Legal Council and the School of Law over the admission
processes.
According to him, the processes used for admission are not in accordance with the law.
Below is the full writ issued by the US-based don at the Supreme Court
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.
