Civil Right Activist, Emmanuel Korsi Senyo has sued the Ghana Legal Council at the Supreme Court challenging the legality of the Council’s monopoly over administering of legal education in Ghana.
According to the activist, Article 25(2) of the1992 Constitution provide “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 lawâ€
The plaintiff argues that considering the above provision in the 1992 constitution of Ghana, “Legal education for that matter is not exclusive in this category†of education.
He further stated that “under Section 13 (1) (a) and (2) of the Legal Professions Act, the General Legal Council monopolises the establishment of Schools of Law in Ghana thereby acting in contravention of Article 25 (2) of the 1992 Constitutionâ€
Emmanuel Korsi Senyo in his writs elaborated that under Section 13 of the Legal Profession Act, 1960 (ACT 32), the council shall make arrangements for establishing a system of legal education and “may carry out the arrangements in a manner that it thinks fit and, in particular, through a school of law set up by the council or through any other educational institution. (Emphasis mine)â€
He emphasised that “contrary to Article 25(2) of the 1992 Constitution, Section 13(1)(a) and (2) of the Legal Profession Act, 1960 (ACT 32) denies persons other than the General Legal Council the right to establish and maintain private schools for the teaching of professional legal education and training of Lawyersâ€
The serial petitioner and public interest litigant is therefore praying the apex court of the land to make “a declaration that Section 13 (1) (a) and (2) of the Legal Profession Act, 1960 (ACT 32) is unconstitutional and inconsistent with Article 25 (2) of the Constitution, because it denies persons other than the General Legal Council the right to establish and maintain private schools for the teaching professional legal education and training of Lawyersâ€
The plaintiff in his suit is seeking the Supreme court to “ order the General Legal Council under Section 13 (1) (a) and (2) of the Legal Profession Act, 1960 (ACT 32) to enact a Legislative Instrument outlining the processes to be followed and adhered to by persons seeking to establish private schools for professional legal education and the training of lawyersâ€
Emmanuel Korsi Senyo's suit comes after the Association of Law Students has petitioned President Nana Akufo-Addo to effect the removal of the controversial Legal Profession Regulations 2017 from Parliament.
The proposed LI in question, among other things, states that the General Legal Council will conduct an entrance exam for the admission of students to the school, and conduct interviews for all applicants who pass the Ghana School of Law Entrance Examination. The LI is expected to become Law in February 2018.
However, the law students maintain that if the document is passed in its current form, it will restrict many from accessing legal education in Ghana.
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primenewsghana.com/Ghana News
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