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PROFESSOR STEPHEN KWAKU ASARE
V.
ATTORNEY GENERAL & GENERAL LEGAL COUNCIL

(2020) JELR 92003 (SC)

Supreme Court 28 Jul 2020 Ghana
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- The plaintiff, a concerned citizen of Ghana, is seeking to challenge the monopoly held by the Ghana School of Law in providing the Professional Law Course. - The plaintiff argues that this monopoly violates the 1992 Constitution, specific

Case Details

Suit Number:WRIT NO. J1/01/2020
Judges:GBADEGBE, JSC (PRESIDING) , APPAU, JSC , MARFUL-SAU, JSC , DORDZIE (MRS.), JSC , AMEGATCHER, JSC , KOTEY, JSC , OWUSU (MS.), JSC
Counsel:KOFI BENTIL FOR THE PLAINTIFF. SYLVESTER WILLIAMS, CHIEF STATE ATTORNEY WITH AURIEL ASARE BOATENG, PRINCIPAL STATE ATTORNEY FOR THE 1ST DEFENDANT. NANA YAW NTRAKWA WITH PAULINA AKOSUA DANSO FOR THE 2ND DEFENDANT.

JUDGMENT

MARFUL-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 …

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