GENERAL LEGAL COUNCIL IN CONTEMPT

Posted on: www.dailyguigeghana.com

By William Yaw Owusu

Tuesday, May 03, 2016

A United States of America-based law professor who sued the General Legal Council (GLC) at the Supreme Court over the way and manner the Ghana School of Law conducts its entrance exams and interview for students who seek admission into the school has claimed the council is disrespecting the highest court of the land.

According to Professor Stephen Kwaku Asare, the council has released a statement addressing the entrance examination and interview requirements issue when the suit is pending at the Supreme Court.

Contemptuous Press Release

“First, our attention has been drawn to a press release issued by the General Legal Council on 4-16-2016 addressing the controversial entrance examination and interview requirements.  We appeal to all stakeholders to ignore the contemptuous press release as the matters addressed are sub judice,” the plaintiff said.

He said “the only purpose of such a press release is to interfere with the administration of justice and display utter contempt of the Court.”

He said “nine scores and 17 (197) days after being served with a writ of summons, the General Legal Council today filed a statement of defence.”

Statement Of Defence

According to the plaintiff, the defendants’ summarised statement of defence could be read that "(a) the plaintiff’s claim does not raise any issue for the invocation of the original jurisdiction of this Court under articles 2(1) and 130(1)(a) of the 1992 Constitution,” adding, “the plaintiff has not demonstrated any other independent ground upon which the original jurisdiction of this course ought to be invoked.”

Furthermore, the plaintiff said the defendants are holding that “the introduction of the entrance examinations and interview for LLB degree holders as a condition for admission to study the professional law course is lawful.”

“The conduct of the entrance examination and interview for admission to study the professional law course is not being carried out under the draft Professional Law Course Regulations, 2012 but rather pursuant to sections 13(1)(d) and 14 of the legal profession act as well as regulations 2 and 3 of the professional law course regulations 1984 (LI 1296),” the plaintiff stated.

He added, “the Council’s non-publication of a legislative instrument to govern the exercise of the discretionary power given to the Council to regulate admission into the law school did not render the conduct of examination and interviews for admission to study the professional law course unlawful” and “no act of the Council is in violation of articles 23, 11(7) or 296(a) & (c) of the 1992 Constitution.”

The plaintiff again said in spite of the defendants’ call on the court to dismiss his action as “being incompetent and or without merit,” “we hold and intend to canvass a completely different view.”

He said he would push to “make this litigation transparent and accessible to all stakeholders.”

AG Joined

Prof Asare, who is also suing the Attorney-General (A-G), believes that the rigid ceiling imposed by the GLC on the Bachelor of Law Degree (LLB) holders who would be allowed an opportunity to train and become lawyers is grossly unfair and overrides national interest.

He wants the court to declare that the GLC, by allowing only 251 students to pursue professional legal education, is capricious and in excess of statutory authority and is contrary to constitutional right and power.

He also wants an order directed at the council to within seven days state alternative places and modes of instruction for all persons who have met the requirement for admission into the school, the right to pursue legal education and upon completion take the qualifying examination as determined by the council.

The learned professor stated that the legal profession should be an open ethically regulated meritocracy serving the legal needs of Ghana and Ghanaians and not a cartel serving the high priced needs or economic interest of a privileged few.

The plaintiff noted that the Legal Professions Act 32 enjoins the GLC to afford opportunities for students to read and to make arrangement for legal education in a manner deemed fit through the school of law and said the act states persons who qualify to be admitted to the school and the qualification needed.

He argued that the rigid ceiling process of admission detracts the purpose of selecting qualified students as it will pass a student irrespective of his performance and said such an act is alien to Act 32.

According to him, the council has set up an Independent Examination Board (IEB) to conduct entrance examinations and interviews, adding that the said responsibility according to Act 32 rests with the council and that “the holder of discretionary authority cannot delegate.”

Touching on the marks obtained by students who took part in the entrance exam this year, the professor lamented that the threshold disqualifies more than two-thirds of those who have met the admission standards, adding that it is the only school in the world where students do not know the mark they need to obtain in order to pass.

The lecturer contended that too many very good students are being excluded from pursuing the professional component of their legal education even though they have solid LLB Degrees.

The plaintiff consequently wants the court to declare that the council’s use of interviewing is highly subjective and an unreliable mode of examining students, which is not in accordance with the law.

He also wants a declaration that the entrance examinations are not recognisable at law and cannot be used as a means to deny students the opportunity to pursue their legal education.