[2008]DLSC2456 • March 12, 2008 • Supreme Court •
EMMANUEL ASHALLEY ASHLEY vs. THE JUDICIAL COUNCIL, THE GENERAL LEGAL
The appellant, Emmanuel Ashalley Ashley, enrolled as a student at Middle Temple, England in 1959 and was called to the English Bar in 1972. He was appointed to the Bench in Ghana as a District Magistrate Grade II in 1977, later promoted to District Magistrate Grade I in 1979 and Circuit Court Judge in 1986. Despite 15 years of service, his appointment to the High Court was blocked due to objections that he was not on the Roll of Lawyers in Ghana and lacked a university degree. Consequently, he was retired from the Bench in 1992. His appointment as a Notary Public was also revoked in 1998 on grounds of not being a legal practitioner. He challenged these actions as discriminatory.
read moreSOPHIA ADINYIRA (MRS.) J.S.C.: In 1959, the plaintiff/appellant (hereinafter appellant) was enrolled as a student in the Middle Temple, England. By 1965, he had passed all the prescribed examination papers except one paper in which he was referred. In 1972 he passed his referred paper and was called to the English Bar that same year. In 1977 the appellant was appointed to the Bench in Ghana as a District Magistrate Grade II. Thereafter he was appointed as a District Magistrate Grade 1 in 1979 and a Circuit Court Judge in 1986 respectively. After 15 years of service on the Bench, the appellant claimed he was being considered for appointment to the High Court when an objection was raised that he was not on the Roll of Lawyers in Ghana and he also did not possess a university degree. On the basis of these objections the plaintiff was retired from the Bench in 1992. After he left the Bench he was appointed a Notary Public but this was also revoked in 1998 on the grounds that he was not a l...