Professor Stephen Kwaku Asare said the apex court in its ruling appears to have endorsed the illegality with the School’s admission system.
A seven member Supreme Court panel shot down the Ghana School of Law admission process which requires applicants to sit for an exam followed by an interview.
US-based Ghanaian, Professor Stephen Kwaku Asare
The highest court said the admission system violates Legislative Instrument (L.I) 1296.
The LI requires an applicant to have passed specific seven subjects during the LLB programme, be of good behavior and should hold an LLB degree in order to be considered for admission into the School.
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This followed a suit filed by Professor Kwaku Asare in 2015 challenging the School’s admission process.
The Professor argued in the suit, the ceiling placed on students admitted into the school is “grossly unfair,” a development he said undermines national interest.
The case stalled for months until it was recalled in March 2017 after presiding judge, Justice Jones Dotse indicated the court was ready to deal with the matter.
After the three-year legal tussle, the court said the current admission system of the School is unconstitutional and should be reformed.
The court’s decision read by Justice Nasiru Sulemana Gbadegbe also said the ongoing admission process for the 2017/18 academic year will not be affected by the ruling.
The GLC was directed to commence implementation of the ruling within the next six months.
Central University law lecturer, Yaw Opoku
But the decision has confused Professor Asare who said the court cannot tell students to write the 2017 entrance exam when it has declared it unconstitutional.
“It is very confusing…it puts the court in the position where it is telling students to engage in an unconstitutional act,” he said.
But law lecturer at the Central University, Yaw Opoku said there is nothing confusing about the ruling of the court.
He said when a declaration is made by the court it does not mean the declaration must automatically take effect, except as otherwise stated.
“The court was clear that for 2018/19 if those concerned at the law school may have to go to Parliament and have the law passed or if not quotas should be given to the accredited schools,” the law lecturer dispelled the confusion. Read Full Story
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