Parliament should have invited GLC rather than issuing a resolution
Mr. Fuseini suggested that Parliament could have rather directed the Executive to provide resources to embark on the expansion of the Ghana School of Law.
Former Member of Parliament for Tamale Central, Inusah Fuseini has faulted Parliament for their use of a resolution to order the General Legal Council relative to the admission of the 499 Law School applicants.
According to him, Parliament should have used a different approach like inviting the General Legal Council rather.
“I think that Parliament should have chosen another route. They should have invited the General Legal Council as part of their oversight responsibilities to explain to them (Parliament) the reasons why 499 students were excluded from the admission list as advertised in their earlier advertisement for prospective students who wanted to enroll at the law school,” he said.
On October 29, 2021, the Parliament of Ghana ordered the General Legal Council to admit all 499 Law School applicants for successfully passing the Entrance Exams.
This was a unanimous decision arrived at through a voice vote on the floor of the House on Friday, October 29, 2021.
The call came after a High Court adjourned to November 9, the case involving 143 Law School applicants and the General Legal Council(GLC).
Speaking on the floor of Parliament, the Deputy Majority Leader and MP for Effutu, Alexander Afenyo Markins indicated that the Ghana School of Law per its posture is making the study of Law unattractive.
He, therefore, called on them to admit the 499 applicants since it was not too late.
“We are telling the Ghana law school that they continuously frustrating students, they are making the study of law unattractive. I know that the post-call students they had started lectures, they started last week but for the Professional law they are starting next week,” he said
“It is not too late to admit them because they have passed,” he added.
However, in a letter dated November 1, 2021, and signed by the Attorney General, Mr. Godfred Dame, has indicated receiving letters forwarded to his outfit by the Presidency, from the National Association of Law Students and the 499 law school candidates for his advice.
The Attorney General, Godfred Yeboah Dame thus advised Parliament relative to their resolution that sought to order the General Legal Council to admit the 499 qualified law school applicants.
According to the AG, while he recognizes the legislative power of Parliament, the mode of exercising the power enshrined in Article 106 of the Constitution does not admit of resolutions.
“While recognizing the General Legislative powers of Parliament in Ghana, except as have been circumscribed by the Constitution, I am constrained to advise that Parliament is devoid of a power through the use of Parliamentary resolutions to control the process of admission into the Ghana School of Law,” it said.
“The mode of exercising legislative power enshrined in article 106 of the Constitution does not admit of the resolution,” it added.
Also, the AGs noted that the Department has delivered its comments on the above letters and also received a letter from the President, directing him to make the necessary intervention to the General Legal Council on behalf of the 499 students to address the issue.
Moreover, the AG, however, corrected a few erroneous impressions relative to the impugned resolutions of 29th October 2021.
Firstly, he indicated that the notice in the Daily Graphic of May 14, 2021, inviting applications from suitably qualified Ghanaians for admission into the GSL, did not state the pass mark of fifty percent (50%) or any at all as a basis for admission.
Also, the AG noted that the notice did not state how a pass mark set by the GLC would be determined.
“The GLC’s notice was hinged on section 13(1)(e) and (f) of the Legal Profession Act, 1960(Act 32) which empowers the GLC to regulate the admission of students to pursue courses of instruction leading to qualification as lawyers and to hold examinations which may include preliminary, intermediate and final examination,” it ended.
Speaking on Joy FM’s Top Story on November 1, 2021, the former member of Parliament’s Constitutional, Legal, and Parliamentary Committee further described Parliament’s approach in the matter as confrontational.
In conclusion, Mr. Fuseini suggested that Parliament could have rather directed the Executive to provide resources to embark on the expansion of the Ghana School of Law.
SOURCE DENNISLAW NEWS
