SAMSON H. A. V. ODDOYE AND 7 OTHERS vs. THE GENERAL LEGAL COUNCIL [2017]DLHC3919

Date	2017-04-26
Suit No.	SUIT NO. HR/0009/2017
Citation No.	[2017]DLHC3919

JUSTICE GIFTY AGYEI ADDO HIGH COURT JUDGE

F. K. YEBOAH (WITH HIM MAJOR JOHN GYASI) FOR THE APPLICANTS.

KIZITO BEYUO (WITH HIM WALTRUDE ABOAGYE) FOR THE RESPONDENT

[2017]DLHC3919
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													<main id="main" class="content" style="min-height: 60rem" >SAMSON H. A. V. ODDOYE
AND 7 OTHERS<o:p></o:p>vs.<o:p></o:p>THE GENERAL LEGAL
COUNCIL<o:p></o:p>[HIGH COURT (HUMAN RIGHTS
DIVISION ONE), ACCRA]<o:p></o:p>SUIT NO. HR/0009/2017&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;26TH
APRIL, 2017<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<o:p>&nbsp;</o:p>

</div>COUNSEL:<o:p></o:p>F. K. YEBOAH (WITH HIM MAJOR JOHN GYASI) FOR THE APPLICANTS. <o:p></o:p>KIZITO BEYUO
(WITH HIM WALTRUDE ABOAGYE) FOR THE RESPONDENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 31.0pt 1.0pt 31.0pt">

<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<o:p>&nbsp;</o:p>

</div>JUDGMENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 31.0pt 1.0pt 31.0pt">

<o:p>&nbsp;</o:p>

</div>The Applicants, per their affidavit in support of the motion as
well as their Statement of Case for an order of Mandamus to issue against
Respondent, filed on 3rd February, 2017, state as follows: <o:p></o:p>That they are students of the Ghana School of Law who took
examinations of the School in the 2015/2016 academic year and are deemed to
have failed in three or more subjects and were therefore required to repeat the
class for another year as determined by the Respondent, the body concerned with
legal profession in Ghana and which oversees professional legal education in
Ghana. The Applicants contend that they were among the 251 students admitted
for the professional law studies in the 2015/2016 academic year after a
rigorous examination involving over 900 students/applicants, followed by an
intensive interview conducted by agents of the Respondent herein. <o:p></o:p><o:p>&nbsp;</o:p>That the 251 students together with repeating students were
distributed among the three campuses of the Ghana School of Law namely the
Accra Main campus at Makola, GIMPA Campus and the Kumasi campus. They further
state that the 2015/2016 academic year was special in that the old system of
professional legal education which lasted two years of purely classroom study
and examination after each year of study was abolished and a new system whereby
classroom study was limited to one year, divided into two semesters with
examination at the end of each semester, was introduced. That after the
classroom study and examination, those deemed to have passes would go into
internship with legal professional chambers or the Court for six (6) months
before the students would be enrolled to the Bar. That in the novel system and
after the first semester which lasted from October, 2015 to May, 2016,
examinations were conducted in six subjects from late May to early June, 2016,
of which no results were published for any students, including the Applicants,
to know how well they did during the first semester examination. <o:p></o:p><o:p>&nbsp;</o:p>That the second semester examination started on the 22nd of
September, 2016, and ended on the 30th of September, 2016.That the
results of both semesters were published on the 19th of December,
2016, by the posting of those who passed and those referred. That those whose
names did not appear on the list, including the Applicants herein, were deemed
to have failed in three or more subjects and therefore were required to repeat
a whole year. They further contend that no transcripts of results were made
available to any of the students to enable them know how well they did in any
paper. That inquiries were made by the Student Representative Council to the
Respondent for which the Respondent per a letter dated 10th January,
2017, herein attached as Exhibit ‘A’, stated as follows: <o:p></o:p><p class="MsoListParagraphCxSpFirst" style="text-align:justify;text-indent:-.25in;
mso-pagination:none;mso-list:l2 level1 lfo1;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">1)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
In future examinations, the
index numbers, marks and grades of students would be published. <o:p></o:p><p class="MsoListParagraphCxSpMiddle" style="text-align:justify;text-indent:-.25in;
mso-pagination:none;mso-list:l2 level1 lfo1;border:none;mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;
mso-border-shadow:yes">2)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Re-collation or re-tallying of
marks will be allowed. <o:p></o:p>