I commend the SC for finally releasing its opinion on whether the government is violating Article 25(2) by setting Ghana School of Law as a monopolist provider of legal education. As the Court succinctly explains, it has no jurisdiction to hear the case because “no evidence has been adduced in these proceedings that the 2nd defendant has prohibited any citizen or body from establishing a private school or schools of any level or category contrary to article 25(2) for which our jurisdiction under Article 2(1) could be invoked.”
Of course, I think there is plentiful evidence that the GLC (2nd Defendant) does not allow anyone to provide the
professional course. We asked the Court to take judicial notice of LI 1, 2, 10 and 23, which we said “were inconsistent with both the parent act and the constitution by not allowing others to offer both the professional and post-law courses.
We also asked the Court to take judicial notice that the Universities and private entrepreneurs have indicated a willingness and the ability to offer comprehensive legal education that includes the courses that are currently ringfenced for the School of Law.
Among others, the Dean of the Faculty of Law at the University of Professional Studies has called for the scrapping of the Ghana School of Law so that the Faculties can offer the Professional Course. It is the presence of regulations 1, 2, 10 and 23 that stop the Faculties and other Schools from so doing in violation of Article 25(2).”
I also know that the author of the opinion, Justice Marful Sau, is aware of this because he teaches at the Ghana School of Law. And he has to know that no other school can offer the professional or post-law course.
Even the most disinterested person in legal education knows that the GSL is the only school that one can attend to take the professional course or post-call, both of which are required to take the exams that qualify one to practice.
The unanswered question then remains are LI 1, 2, 10 and 23 constitutional in light of Article 25(2)?
However, the Court has spoken. So we accept what they have said but disagree with it and we will likely review the opinion or do something else like start our own school.
The Law Faculties must also not let this opportunity slip by. The Court has given them the green light (jurisdiction) to start the professional and post-law programs and they should grab this opportunity.
This opinion should also put an end to the national entrance examination as all schools can now presumably offer the professional course using their own admission criterion.
The GLC, having gone to Court to say it is not stopping anyone, has an ethical obligation to make rules regulating how non-GSL candidates can take their QCL.
So I now ask the Court to also speak on the directive to the Auditor General so the country can move on.
Almost one year of 128/1820 is a scam and sham, the Court says there is no evidence that the GLC stopped the 1,692 from going to other schools!!!!!!