Full judgment: Law students’ challenge against exam dismissed


Lawyer Ansah Asare represented the law students

The High Court in Accra has dismissed an application filed by some 11 students seeking to halt entrance exams into the Ghana School of Law slated for Friday, July 14.

A former Director of the Ghana School of Law representing the students, had questioned the orders of the Supreme Court allowing the School to proceed to organize entrance examination for applicants into the School despite the court itself declaring the examination unconstitutional.

The students initiated the action following a landmark Supreme Court judgement that declared as unconstitutional entrance examinations and interviews administered to students desiring to pursue professional legal education, by the Independent Examinations Board of the General Legal Council.

The apex court, in determining a case brought by US-based Ghanaian, Prof. Stephen Kweku Asare, held that it had no intention to interfere with ongoing arrangements for this year’s admission even though it declared same unconstitutional.

The 11 students were seeking a declaration that allowing the exam to take place will amount to granting immunity to the Examination body to undertake an unconstitutional activity.

Arguing for an injunction, the Former Law School Director insisted that  allowing the exam to take place tomorrow “will amount to the court granting immunity to a body that has acted with impunity.”

But the GLC opposed the application.

Its lawyer, Nana Yaw Ntrakwa, argued that the High Court was the wrong forum to go to if the students disagreed with the decision of the Supreme Court.

Delivering his ruling on the application for injunction, Justice Anthony Yeboah said the orders of the Supreme Court were given in a certain context.

He didn’t think they were a blanket declaration of unconstitutionality as the applicants argued.

Grounding his argument, the judge quoted the Supreme Court’s ruling on the Prof. Kwaku Asare case; “As preparations towards admissions in October 2017 have already been initiated and bearing in mind that persons who would avail themselves of such opportunities are qualified within the scope of regulations 2 and 3 as pronounced in this judgment, we do not think it is in the public interest to interfere with such arrangement.”

Justice Yeboah said, “It would appear from a thorough and careful reading of the judgment of their Lordships that the declaration of unconstitutionality was made subject to the above-quoted limitation. It cannot, therefore, be a correct rendition of the judgment, as the plaintiffs contend, that their Lordships declared the entrance examination illegal and unconstitutional unconditionally. The rights of the plaintiffs and persons like them are subject to the above limitation for the time being.”

The GLC is therefore cleared to hold the exams on Friday after which it can no longer administer these examinations and interviews without amendments to existing legislation as ordered by the Supreme Court.

Read the full judgment here.

Source:  Myjoyonline.com| Joseph Ackah Blay

Emmanuel Asakinaba

Posted by Emmanuel Asakinaba

Student, UG. Poet. Activist. Writer.

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