Supreme Court dismisses case against Ghana School of Law ‘monopoly’

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The Supreme Court has in a unanimous decision dismissed a case challenging the accreditation of the Ghana School of Law as the only institution to provide professional law courses.

CDD-Ghana fellow in Public Law and Justice, Prof. Stephen Asare dragged the Attorney General and General Legal Council to court arguing that the current arrangement on legal education is unconstitutional.

He wanted the court to rule that pursuant to Article 25 (2) of the Constitution accredited public and private universities have the right, at their own expense, to establish and maintain Law Faculties to offer the Professional Law Course that prepares students for the Qualifying Certificate Examination.

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The said provision reads; “Every person shall have the right, at his own expense, to establish and maintain a private school or schools at all levels and of such categories and in accordance with such conditions as may be provided by law.”

He also wanted a declaration that the distinction between the Professional Law Course, run by the Ghana School of Law, and the Academic Law Course, run by approved Universities, is arbitrary and capricious and done only to further the monopoly power of the Ghana School of Law in violation of Articles 296 (b). This was opposed by the AG and the General Legal Counsel.

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Admission into the Ghana School of Law has been a topical issue for years as many Ghanaians with LLb have failed to gain admission.

Prof. Asare has been an advocate for the professional program to be run by accredited universities.

The seven-member panel comprising Justices Gbadegbe, Appau, Marful-Sau, Dordzie, Amegatcher, Prof Kotey, and Owusu were unanimous in their decision.
The court held that the case does not properly trigger the jurisdiction of the court

The full reasons are to be filed at the Court’s registry.

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