[2020]DLSC9334 • July 28, 2020 • Supreme Court •
PROFESSOR STEPHEN KWAKU ASARE vs. ATTORNEY GENERAL AND GENERAL LEGAL COUNCIL
The Plaintiff, Professor Stephen Kwaku Asare, challenged the alleged monopoly created by the 2nd Defendant, the General Legal Council, in providing Professional and Post Call Law Courses exclusively at the Ghana School of Law. The Plaintiff contended that this arrangement contravened Article 25(2) of the 1992 Constitution, which guarantees the right to establish and maintain private schools at all levels. The Plaintiff also argued that the distinction between Professional Law Courses and Academic Law Courses was arbitrary and capricious, further entrenching the monopoly of the Ghana School of Law.
read moreMARFUL-SAU, JSC: - The Plaintiff before us is described in his writ as a concerned citizen of the Republic of Ghana who is interested in upholding compliance with the 1992 Constitution and the Rule of Law. In this action he seeks to invoke our original jurisdiction against 1st and 2nd Defendants alleging that the 2nd Defendant in particular is engaged in activities that are inconsistent with Articles 25 (2) and 296 (b) of the 1992 Constitution. What are these activities the subject of Plaintiff’s complainant? The Plaintiff’s case simply is that the 2nd Defendant has created a monopoly over the provision of Professional Law Course at the Ghana Law School in violation of Article 25 (1) (b) and that the distinction between the Professional Law Course, run by the Ghana School of Law, and the Academic Law Course, run by approved Universities is arbitrary and a violation of Article 296 (b) of the 1992 Constitution. Based on these facts the Plaintiff claims the following reliefs per his...