Civil Right Activist, Mr Emmanuel Korsi Senyo has filed another writ at the Supreme Court of Ghana today, Monday, January 30, 2018, challenging the le
Civil Right Activist, Mr Emmanuel Korsi Senyo has filed another writ at the Supreme Court of Ghana today, Monday, January 30, 2018, challenging the legality of General Legal Council’s monopoly over administering of legal education in Ghana.
[ads1]According to the activist, Article 25(2) of the1992 Constitution provide “every person shall have the right, at his own expense, to establish and maintain a private school or schools at all levels and of such categories and in accordance with such conditions as may be provided by law”
Mr. Senyo argues that considering the above provision in the 1992 constitution of Ghana, “Legal education for that matter is not exclusive in this category” of education.
He further stated that “under Section 13 (1) (a) and (2) of the Legal Professions Act, the General Legal Council monopolises the establishment of Schools of Law in Ghana thereby acting in contravention of Article 25 (2) of the 1992 Constitution”
Mr. Senyo who has been very consistent in referring to himself as ‘not a lawyer’ in his writs elaborated that under Section 13 of the Legal Profession Act, 1960 (ACT 32), the council shall make arrangements for establishing a system of legal education and “may carry out the arrangements in a manner that it thinks fit and, in particular, through a school of law set up by the council or through any other educational institution. (Emphasis mine)”
He emphasised that “contrary to Article 25(2) of the 1992 Constitution, Section 13(1)(a) and (2) of the Legal Profession Act, 1960 (ACT 32) denies persons other than the General Legal Council the right to establish and maintain private schools for the teaching of professional legal education and training of Lawyers”
The serial petitioner and public interest litigant is therefore praying the apex court of the land to make “a declaration that Section 13 (1) (a) and (2) of the Legal Profession Act, 1960 (ACT 32) is unconstitutional and inconsistent with Article 25 (2) of the Constitution, because it denies persons other than the General Legal Council the right to establish and maintain private schools for the teaching professional legal education and training of Lawyers”
He is also seeking “an order that the General Legal Council under Section 13 (1) (a) and (2) of the Legal Profession Act, 1960 (ACT 32) to enact a Legislative Instrument outlining the processes to be followed and adhered to by persons seeking to establish private schools for professional legal education and the training of lawyers”
Other writs Mr. Korsi Senyo has filed at the Supreme Court against GLC:
Mr. Emmanuel Korsi Senyo on June 22, 2017 filed his first writ at the Supreme Court challenging the constitutionality of some aspects of the operations of the GLC and also seeking the Supreme Court to declare as null and void a publication by the GLC on its website which sought to waver the laws that prohibits lawyers from advertising without recourse to parliament in his second writ on July 12, 2017.
On October 22, 2017 he went back to the Supreme Court to file his third writ to challenge the composition and membership of the Council, and also praying the apex court to declare as unconstitutional for a sitting Chief Justice who is the administrative head of the Judiciary according to Article 126 (1) of the 1992 Constitution to serve as the Chairman of the General Legal Council.