There may yet be another chapter in the quest to end the General Legal Council’s (GLC) interviews and examinations of Ghana Law School applicants as the plaintiff in the case may head back to the Supreme Court to challenge the suspended implementation of the judgment.
Speaking on Eyewitness News, the plaintiff in the case, Professor Kwaku Asare, revealed his discontent with the suspended aspect of the judgement, describing it as a “serious constitutional error”.
In the Supreme Court’s decision barring the General Legal Council from asking applicants to the Ghana Law School to sit for entrance exams and interviews, it said the judgment was to be implemented in 2018, meaning students in 2017 were to go through the process deemed unconstitutional by the apex court.
“I think that is a serious constitutional error. The Supreme Court has said that the examinations and the interview are unconstitutional, and yet the court is telling the council to go ahead and engage in the unconstitutional activities, and is inviting the students to also do same,” Prof. Asare said of the judgement.
As the judgement was delivered, Prof. Asare said he was convinced that aspect in question was a serious error, and tried to express his reservations in court.
He however added that, he was yet to peruse the judgement in full, but “if indeed the court is saying what I thought I heard the court saying, we may have to go back to court because no student should take that exam if the court has said it is unconstitutional.”
Prof. Asare further stressed that, any potential defiance was in defence of Ghana’s constitution, insisting that “we might as well go back to court and seek clarification.”
“If the court has ruled that a certain action is unconstitutional, then immediately after the ruling, that action should cease. The court cannot say; well it is unconstitutional, but we are giving you six months to continue in the unconstitutionality, but after six months stop.”
In his suit, Prof. Asare among others, prayed for a declaration that GLC’s imposition of entrance examination and interview requirements for the Professional Law Course violated Articles ll (7) 297 (d) 23, 296 (a) (b) and 18 (2) of the 1992 Constitution.
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(Via: CitiFM Online Ghana)