Supreme Court throws out suit on monopoly of Ghana School of Law
The seven-member panel unanimously held that some of the reliefs invoking the original jurisdiction of the SC sought by Professor Kweku Asare had not been properly invoked hence dismissed the action.
Reasons of the seven-member panel, the SC said would be filed at the Registry of the Court.
Prof. Asare, a Fellow in Public Law and Justice at the Centre Democratic Development (CDD)-Ghana sued the Attorney General (AG) and General Legal Council (GLC) over the mode of arrangements on legal education which he believed was unconstitutional.
Prof. Asare was praying the apex court of the land 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.
The provision says, “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.”
The law lecturer 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).