PROFESSOR STEPHEN KWAKU ASARE v. ATTORNEY GENERAL & GENERAL LEGAL COUNCIL

MARFUL-SAU, JSC: -

The Plaintiff before us is described in his writ as a concerned citizen of the Republic of Ghana who is interested in upholding compliance with the 1992 Constitution and the Rule of Law. In this action he seeks to invoke our original jurisdiction against 1st and 2nd Defendants alleging that the 2nd Defendant in particular is engaged in activities that are inconsistent with Articles 25 (2) and 296 (b) of the 1992 Constitution. What are these activities the subject of Plaintiff’s complainant? The Plaintiff’s case simply is that the 2nd Defendant has created a monopoly over the provision of Professional Law Course at the Ghana Law School in violation of Article 25 (1) (b) and 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 a violation of Article 296 (b) of the 1992 Constitution. Based on these facts the Plaintiff claims the following reliefs per his writ:-

1. A declaration that the current monopoly enjoyed by the Ghana School of Law in the provision of Professional and Post- Law Courses that prepare candidates for the Qualifying Certificate of Examination violates Article 25(2) of the 1992 Constitution.

2. A declaration 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 Law Certificate of Examination.

3. 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 Article 296(b) of the Constitution.

4. An order directing the General Legal Council to provide regulations that allow approved law faculties and other private institutions to provide the Professional Course, or otherwise integrate this course in their curriculum, the completion of which entitles students to take the Qualifying Certificate Examination or Examinations, pursuant to Section 13 of Act 32.

5. An order of interlocutory injunction to restrain the Defendants whether by themselves, their agents, assigns, privies, servants and whomsoever of whatever description from causing the School of Law to be opened for new students, pending the fina