Two Members of Parliament Rickson Dafeimakpro, MP South Dayi and Francis-Xavier Sosu, have submitted a Private Members Bill for the consideration of Parliament requesting the removal of the Chief Justice and Justices of the Supreme Court from theGeneral Legal Council.
The two MPs are requesting a Legislative Drafting for subsequent submission to the Speaker, a Bill to amend the Legal Profession Act, 1960, Act 32, to exclude the CJ and apex court judges from the GLC.
The two MPs want the Bill to be amended to help redefine the functions of the GLC and to provide for reforms in legal education such as accredited faculties of law with the requisite facilities would be licensed to run professional law courses.
The Bill would also provide the discipline of lawyers and related matters to give effect to Article 37(1) of the 1992 Constitution.
Meanwhile, the Attorney General, Godfred Yeboah Dame, has indicated that Parliament cannot direct the General Legal Council to admit the 499 LLB graduates who were denied admission despite making the 50% pass mark.
Parliament last week passed a resolution, directing the General Legal Council to immediately admit the 499 LLB graduates.
Parliament further directed the Attorney General to ensure that this resolution of Parliament is respected.
But in a letter addressed to the Speaker of Parliament, Godfred Yeboah Dame said: “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 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.”
“It is correct that section 1(5) of Act 32 stipulates thus: “The Council shall in the performance of their functions comply with any general directions given by the Minister”.
“In my respectful opinion, this provision underscores the capacity of the Executive, not the Legislature, through the Minister responsible for the General Legal Council, i.e. the Attorney-General and Minister for Justice, to direct and advise the Council on major matters of national importance.”
“In this regard, it is pertinent to indicate that by a letter dated October 18, 2021 received at my office on 21st October 2021, His Excellency the President forwarded the contents of a petition by the “499 candidates” to me for my comments in order to enable him to respond. Another petition dated October 20, 2021, by the National Association of Law Students was also delivered to the President.
“Upon delivery of my comments on the matters raised in both petitions and following further consultations with my good self, by a letter dated October 26, 2021 (three clear days before the resolution of Parliament), received at my office on October 27, 2021, the President directed me to, pursuant to section 1(5) of Act 32,… make the necessary intervention to the General Legal Council, on behalf of the 499 students, to address the issue”, the statement continued.
By: Rainbowradioonline.com/Ghana
