• Rockson Defeamekpor and Xavier-Francis Sosu send memo to Clerk of Parliament
• MPs want law faculties to be able to run professional legal courses
Two Members of Parliament from the Minority side have commenced processes to have the law that sets up and define the role of the General Legal Council reviewed.
MP for South Dayi, Rockson Nelson Defeamekpor and Francis-Xavier Kojo Sosu (Madina) have presented a memo to Clerk of Parliament requesting for a bill to be drafted to amend the Legal Professions Act, 1960, Act 32.
Among other things, the MPs want the new bill to cause the exclusion of the Chief Justice and justices of the Supreme Court from the body responsible for the management and regulation of legal education in the country.
“Sir, we write to request the legislating drafting office to draft for subsequent submission to the Speaker, a bill to amend the Legal Professions Act 1960 Act 32 to exclude the Chief Justice as well as other justices of the Supreme Court from the GLC to redefine the functions of the GLC and to provide for reforms in legal education such that accredited Faculties of law with the requisite facilities would be licensed to run professional law courses, provide for discipline of lawyers and related matters to give effect to Articles 37(1) of the 1992 constitution,” the memo dated October 26, 2021, stated.
The Parliament of Ghana on Friday, October 29, arrived at a unanimous decision that all LLB students who obtained 50 percent mark in the 2021 Law School entrance examinations be admitted.
However, the Attorney General in response to the resolution passed by parliament has said that the decision of the house cannot be binding on the GLC.
According to Godfred Yeboah Dame, parliament’s power to control the process of admission into the Ghana School of Law cannot be exercised through the use of a parliamentary resolution.
“We do not want to get to contempt of Parliament issues. Whilst recognising the general legislative powers of Parliament in Ghana, except as have been circumscribed by the Constitution, I am constrained to advise that Parliament is devoid of a power through the use of Parliamentary resolutions, to control the process of admission into the Ghana School of Law.
“The mode of exercising legislative power enshrined in article 106 of the Constitution does not admit of resolutions.
“In accordance with section 13(1)(e) and (f) of the Legal Profession Act, 1960 (Act 32), the power to regulate admission of students to pursue courses of instruction leading to qualification as lawyers and to hold examinations which may include preliminary, intermediate and final examinations has been vested in the General Legal Council,” portions of the AG’s response to Parliament stated.
Read Full Story