Documente Academic
Documente Profesional
Documente Cultură
O C T O B E R 2 0 1 9
H
A
I
P
P
A
N
O
M
O
L
O
S
i
Copyright © 2019
SunesisPolicyInitiative@solution4u.com
Some rights reserved. This publication may be reproduced, in whole or in part, stored in a retrieval
system or transmitted, in any form or by means, electronic, mechanical, photocopying, recording
or otherwise, provided the original source is acknowledged.
ACKNOWLEDGEMENT
This paper was prepared by a team with Solomon Appiah as lead author, and Daniel
ii
Contents
ACKNOWLEDGEMENT .................................................................................................................................. ii
INTRODUCTION ............................................................................................................................................ 1
THE PROBLEM ............................................................................................................................................. 1
ADVOCATING FOR REFORM ........................................................................................................................ 5
JUSTIFICATION FOR MASS FAILURE .......................................................................................................... 6
WHO IS ULTIMATELY RESPONSIBLE FOR THE MASS FAILURE? ............................................................. 8
CRITICISM OF GLC .................................................................................................................................... 12
Parliamentary Report .......................................................................................................................... 12
Former Director of the Ghana School of Law................................................................................... 12
Injustice in Legal Education................................................................................................................ 13
Professor Kweku Asare ....................................................................................................................... 15
Immanuel Okrah Boateng ................................................................................................................... 15
Poku Adusei, Lawyer and Lecturer at University of Ghana School of Law ................................... 15
CONCLUSION .............................................................................................................................................. 15
iii
UNDERSTANDING THE OUTCRY AGAINST THE GENERAL LEGAL COUNCIL (GHANA)
BY LAW STUDENTS CONCERNING LEGAL EDUCATION
INTRODUCTION
On 7th October 2019, law students from the different law schools in Ghana staged a
demonstration against alleged injustice with regard to legal education. Their displeasure
was directed toward the General Legal Council (GLC) and its chair, Her Ladyship Justice
Sophia Abena Boafoa Akuffo the Chief Justice of Ghana. The demonstration was met
with brute force by the Ghana Police Service. Greater Accra Regional Police
Commander, DCOP Frederick Adu Anim and his officers arrived in full riot gear and
without provocation “fired rubber bullets at the students, sprayed the students with water
from their water cannons and fired tear gas to disperse the students”.1The students have
since petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to
THE PROBLEM
A person who holds a law degree is qualified to pursue a Professional Law Course in
Ghana. However, the General Legal Council instituted an entrance examination which
reduces the number of graduates who can enter the professional law programme that
is requisite to being called to the bar. As a prerequisite for being allowed to write the
qualification exam to enter the Ghana School of Law, the prospective students who had
graduated from the various University Law Departments in 2019 across the nation were
asked to sign an undertaking, waiving any and all rights they may have to judicially
contest the outcome of the entrance examination. This alone should have raised warning
signals. 1,820 bachelor of law graduates signed the undertaking and were allowed to
1
https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Law-students-petition-CHRAJ-over-Police-
brutalities-788710
1
write the exam. When the results were released, only 128 had been passed to gain
admission to the Ghana School of Law to pursue the professional law course which equips
them with the competence needed to be called to the Ghana Bar. The results released
showed that 1,672 persons (representing 93%) had allegedly failed a two-hour test which
especially from University of Ghana, GIMPA and University of Cape-Coast did not make
the cut. One wonders if these valedictorians and other students who had won academic
awards of excellence from these faculties of law had suddenly become underperforming
students or that all these law faculties awarded poor performing students with these high
awards? The Chief Justice seems to suggest the latter in a speech on the topic ‘Questing
In the absence of being allowed to seek redress at the courts because of the
undertaking, the only other way these law degree holders could make their voices heard
(a) freedom of speech and expression, which shall include freedom of the
academic freedom;
2
(c) freedom to practise any religion and to manifest such practice;
demonstrations
under Article 21(1), but the sub-Article does not appear to allow abridgment of
Constitution that permits derogation from these rights, except the carefully crafted
Article 31 which permits derogation from all fundamental rights during a state of
emergency”.2
What some may not realize is that these freedoms cannot be given or taken away by
governments. These are fundamental human rights and belong to people by virtue of
them being human. When the law degree holders demonstrated, they were exercising
these inalienable rights to movement, free speech as well as freedom to assemble and
take part in a demonstration. They were marching to the seat of government, Jubilee
House, to present a petition to the President of the Republic. The Ghana Police, either
not understanding these rights or acting on orders, met these demonstrators with brute
force. In a bid to justify the use of brute force, the police started alleging that some of
the students became violent. On the contrary, none of the video footage available on
2
https://www.article19.org/data/files/pdfs/publications/sub-saharan-africa-freedom-of-association-and-
assembly.pdf
3
social or other media shows evidence of this claim. Sadly, it fell on the Canadian High
Commission to protect Ghanaian youths from their own Police Service. This is eerily
reminiscent of the way the same Police Service used brute force at the Ayawaso West
representative of the Ghanaian people was assaulted in the full glare of those charged
with protecting the citizenry and maintaining law and order. Civilians were manhandled,
some beaten and others shot at by the police. When the Justice Emile Short Commission’s
recommendations (which was a little more than a slap on the wrist) were released,
1 that, “He who is often rebuked and stiffens his neck will be destroyed suddenly, with no
remedy”. It is not the citizens only who are not above the law. When government or its
agencies fall foul of the law, such as with the handling of the Comprehensive Sexuality
fault, apologize and move on. Apologizing for wrong doing and taking ownership of
mistakes is not weakness as some may believe. It is rather a sign of growth and progress.
There can be no excuses for unloading water cannons, rubber bullets, physical beatings
with canes and the like on law graduates exercising their constitutional and human rights
for which they had served the police a ten-day notice, which is twice the amount of time
required by law. The students did not need permission to exercise this human right. They
only needed to inform the police as per Section 1(1) of the Public Order Act of 1994 which
prescribes at least a 5-day notice in advance of the event. On the 27th of September,
2019, the National Association of Law Students sent a notice to the police informing them
of the planned demonstration on the 7th of October, 2019 to advocate legal education
reforms. Persons who want to foment violence do not generally abide by the law as these
4
law degree holders did. What reforms are the students advocating for, for which the
fair and just and have sent a petition to the Office of the President. It includes:
Entrance Exam
We firmly believe that there is no reason why professional legal training should be
within the purview of only the Ghana School of Law. Allowing all or some of the
faculties to provide professional legal training solves the problem of lack of space
at the Ghana School of Law. With this decentralized system, there would be little
Examinations. This is done in other jurisdictions. As the evolution of our legal system
has been largely experience driven, it is important that we do not repeat the
mistakes of the past. A bar exam such as this one would need to have the marking
5
In the short term, the repeat policy at the Ghana School of Law must be abolished
cumulative three papers out of ten results in the student having to repeat the
entire programme. This is unfair. The remarking fee is currently pegged at 3000GHS,
which is prohibitive and does not enure to justice. The fee must be standardized
3.3. Conduct a Formal Inquiry Into The Exam and Publish Examiners’ Report
Again, in the short term, a full formal inquiry into the exam must be conducted to
understand the reasons for the mass failure. A detailed examiners’ report must also
be published, along with the marking scheme to better inform educators and
conduct and administration of legal education and profession in Ghana”. The General
Legal Council supervises the entrance examinations to the Ghana School of Law. Its
composition from the Legal Profession Act, 1960 (Act 32) is as follows:
2. (1) Subject to this paragraph, the governing body of the Council consists of the
(a) the two most senior Justices of the Supreme Court after the chairman and the
deputy
6
chairman referred to in sub paragraph (2),
(e) four members of the Bar elected by the Ghana Bar Association.
(2) The Chief Justice is the chairman and the deputy chairman is the most senior
The Chief Justice is the chairperson of this General Legal Council and she lays the blame
for the mass failure with the various university faculties of law within Ghana, who she insists
are churning out poor quality law students. Speaking at the 2019 University of Ghana
Alumni Lectures, she told the gathering: “a good lawyer for each Ghanaian is what we
deserve. Not a lot of lawyers … I will stand here again and say we need quality lawyers,
A mass production does not necessarily translate into poor quality. Likewise, fewer
numbers does not necessarily improve on quality. Standards determine quality, not
numbers.
The Chief Justice added that the GLC was not consulted before the setting up of new
faculties of Law in Ghana. And this is what led to the birth of the exams to test those who
study the BL because “we cannot any longer guarantee the quality of students from the
various faculties without examining them”. Examination is not the only way to guarantee
7
WHO IS ULTIMATELY RESPONSIBLE FOR THE MASS FAILURE?
As well-meaning as the justification by the chief Justice sounds, the head of the judiciary
and government she represents are making excuses, shirking responsibility and
apportioning blame instead of addressing the challenge at hand. Let us accept for
argument sake, that her assertion is correct and that the various law faculties are inept,
upon who lies the onus to fix this problem? The answer is the government of Ghana of
whom the Chief Justice, Minister of Justice and other members of the GLC are a part.
Universities do not just pop up. They are established by Acts of Parliament and they get
to run programs only when the National Accreditation Board has accredited the
Universities, programs and courses. How about the curriculum? The General Legal
Council via the Legal Profession Act, ACT 32, 1960 have a say in the core courses offered
by law faculties because the students taught in the law faculties in due course end up at
the Ghana School of Law which is under the purview of the GLC. The Courses to run in
these university faculties of law are thus determined by the Legal Profession Act, ACT 32,
1960. In one fell swoop, the Chief Justice’s comments apportion blame for the mass
failure on the National Accreditation Board, the University law faculties and their lecturers
who teach these courses. Ultimately, she is saying Ghana is a dysfunctional state with a
claim that the GLC was not consulted before the setting up of new faculties of Law and
this led to the birth of the exams to test those who study the BL because “we cannot any
longer guarantee the quality of students from the various faculties without examining
them”. Well, the GLC may not have been consulted however it does determine courses
taught in them. In her speech, she navigated away from the fact that there are issues
8
with examinations in general when it comes to the GLC. Even the students taught at the
Ghana School of Law suffer high failure rates. Is this also a problem of the law faculties?
With regard to the entrance exams, the lecturers who taught the students and who by
training are academics are not allowed to set questions for the entrance exams, mark
the questions or set the marking scheme. That responsibility is given to lawyers who
allegedly are neither academics nor trained legal scholars. No wonder the GLC and its
A 93% fail rate cannot be the fault of trainees. The fault may lie with either one or a
1. the trainers / lecturers (It cannot be that all law lecturers in various faculties are
bad lecturers)
faculties and what is expected by the Ghana School of Law and its GLC
3. discord between those who teach the students at the faculties, those who set the
question and those who mark the questions (who in this case happen to be
different individuals)
4. system of assessment
Defenders of this high failure rate state that other countries on the continent have higher
failure rates. Since when did countries with less legal scholarship and experience than
ours become the bar for excellence to be aimed at? There is an international standard
9
we can and should aim at. It will never be said that a developed country held an
entrance exam for their professional law program and 93% of the participants with
bachelor of law degrees from that country’s own universities failed. This is because that
incident alone would call for a resignation of the entire government—because it would
mean they do not know how to run the country or its education system.
The Chief Justice, Minister of Justice and Attorney General all of whom sit on the General
Legal Council are culpable because they could have used the influence of their
respective offices and that of the GLC to improve quality of instruction at various law
faculties if indeed that is the problem. They have access to Ministry of Education, the
National Accreditation Board as well as the various agencies that are responsible for the
curricula at these universities. Furthermore, they could have liaised with the Deans of the
faculties of law at the University of Ghana and Kwame Nkrumah University of Science
and Technology who sit on the GLC to seek the best way forward in reforming the
Put differently, this raises the question of whether the Chief Justice’s remarks reflect the
official position of the GLC or her own? The former would mean GLC members (including
the Deans of UG and KNUST) who supervise the training in their faculties are indicting their
own work. In that case, the GLC is complaining about itself. If it is the latter, is the Chief
Justice using her position as chairperson to impose her views on the Council?
The answer to poor quality of students from faculties was not to institute an examination
that excludes and disenfranchises 93 percent of law degree holders who sit for these
10
exams. A more holistic approach that does not promote elitism is more desirable.
University admission requirements into faculties and school fees alone are prohibitive
enough and excludes a large segment of the society from such training.
In fact, the GLC has undertaken some very serious crimes against the State. This is not the
first-time legal education has been in the news. The entrance examination to the Ghana
School of Law was first introduced in 2012 by the General Legal Council and in 2017, it
was challenged in court in Asare v Attorney General and Another (J1/1/2016) [2017]
GHASC 25 (22 June 2017). The court held that “the council had the authority to do so [to
institute new admission requirements, for example, the entrance examination] but it was
unconstitutional since the new requirements were implemented without legal backing
(regulations).”3 This means the GLC had illegally held exams for 5 years, used it to
disenfranchise those who it claimed failed such exams and got away scot free for doing
so. It was after this ruling that the GLC sought and received legal backing for the
examinations in the form of Legislative Instrument LI 2355 (2018). How about justice for all
those students failed by the unconstitutional illegal entrance examinations? Why was the
GLC not sanctioned? Oh wait, the Chairperson is the head of the judiciary and the
Minister of Justice is also a member! In other words, the referees in a football match both
double as players for one of the teams. This never produces Justicia who is supposed to
3
https://ghalii.org/gh/judgment/supreme-court/2017/25
11
CRITICISM OF GLC
Parliamentary Report
An excerpt out of the Report of Parliamentary Committee on Constitutional, Legal and
results of the 2017/2018 New Professional Course Examinations states that, “To buttress
their suspicion, they recounted the case of a student who failed a paper with 23% but a
remarking turned that mark to 76%. In that regard, they proposed that the IEC should
adopt a residential marking system, under which the IEC would lodge in a facility for
about three weeks to mark all the papers”. The gap between 23 to 76 percent is very
wide. Why did parliament not investigate and hold someone culpable?
comments to make concerning the recent debacle where over 90% of students were
failed. Referring to the General Legal Council he states, “[i]f the same thing had been
Question: So, you are saying it is an abuse on the rights of the students?
Yes. The General Legal Council is abusing the trust the nation has reposed in them. They
are abusing it and it was time they were told in plain language that they should stop the
director of the law school, I have got to say it nakedly as it is. What they are doing is
12
Question: Is it in terms of failing a large number of students?
They are supervising the mass failure. Are they any better when they were students?
Would they have been any better than the students who went to write the exam? Why
Even we lawyers, even we Judges, we do not profess to know everything about the law.
not profess to know everything. It is only God who is omnipotent and omniscient, and not
human beings. So, the members of the General Legal Council to the extent that they
have arrogated to themselves, powers they do not have, they must be told so in plain
language, they do not have. What they are trying to do is just perpetrating fraud on
unsuspecting students. You come and write the exam, you will pass. Then you write and
may never materialize with the current way legal education is handled in this country.
The current legal education system is not transparent with its examination structure, in the
sense that even lecturers cannot examine their own students, neither do students always
get access to their raw scores. It is alleged that the legal fraternity has been created to
preserve an elitist outlook. Many people have found that securing justice is too expensive
with the kind of fees that the few lawyers within Ghana charge. There are not many
lawyers to serve over 30 million Ghanaians. We need more lawyers to ensure justice is
13
“legal frameworks and institutions [that] promote inclusion by advancing responses to
social and economic issues, empowering citizens to shift imbalanced power relations,
and expanding the reach and quality of services including access to justice for
marginalized groups. Equity can be achieved when effective judicial and legal
and guarantee redistributive justice”.4 The way the GLC is going will not land us here. At
present, many Ghanaians who cannot afford the exorbitant fees charged by the few
lawyers are excluded from access to justice. It is simple economics: raising supply will
reduce costs of access to justice. Agreed, the increase in supply should not be a mass
production of poorly trained lawyers but we still need an increase in the production of
adequately trained lawyers proportionate to cater for the expanding population and
whatever legal needs they may have. Today, Ghana’s prisons are over populated
because many have been sitting in prison on remand for up to 16 years according to
one CHRAJ report. The only reason they are still sitting there with expired warrants is
because of the difficulty in accessing affordable legal assistance. The state is trampling
on these people’s rights. The remandees make up almost a quarter of Ghana’s prison
population. The GLC is indirectly responsible for the inadequate number of lawyers within
Ghana that leads to low accessibility to justice and the corresponding overcrowding
mess within our prisons system as well as any attending challenges that arise due to an
https://www.undp.org/content/dam/undp/library/Democratic%20Governance/Access%20to%20Justice%20and%2
0Rule%20of%20Law/Edited%20Volume%20of%20Discussion%20paper_The%20Role%20of%20Law_Uploaded.pdf
14
Professor Kweku Asare
The U.S based Ghanaian lawyer, Professor Kweku Asare and Director of Mountcrest
University College, Kwaku Ansah-Asare have both called for the cancelation of the results
in determining how many people should enter the job market. GLC is a corrupt entity and
must be disbanded by the appropriate authorities. Members of the GLC must not be
allowed to continue with their whimsical style of supervising the entry of legal professional
students into the law school. What’s happening is clearly an affront to the equal
opportunity principle!”
95% of all the lawyers and judges in Ghana. Let’s not pretend standards have fallen and
CONCLUSION
The students are simply asking for their case to be heard and justice to be served. In
pursuit of justice they have suffered police brutality. Thankfully many influential persons in
society have come out to publicly condemn what the police did. Conspicuously the
current President has remained silent and his silence is very loud as he himself is reputed
to be a human rights lawyer. Former President John Agyekum Kufuor has also remained
silent. Former President John Jerry Rawlings has condemned the brutalizing of the law
graduates. Likewise, former President John Mahama has expressed his regret at the
15
treatment the law students were subjected to. Both the National Democratic Congress
and the New Patriotic Party have condemned the police brutalities. The National
(PUSAG) has also condemned the attack on the law degree holders. OccupyGhana
stated, "We have seen footages and photographs that show several infractions against
the rule of law and of humaneness on the part of the Police … this Police high-
handedness and brutality against students exercising nothing more than their
constitutional right to demonstrate and air out their grievances makes a mockery of the
with that turn of events and to condemn same in no uncertain terms”. The Information
Minister, Kojo Oppong Nkrumah said, the confusion was “an embarrassing spectacle and
demonstration by people who want access to legal education will end up in the scenes
that we saw on television and social media.” Mr. Gabby Asare Otchere-Darko, is also
But condemning the brutalities is not enough, the nation needs to resolve the challenge
that led to the demonstration in the first place. The GLC also needs to answer for why it
examination. This is borderline illegal. This is not done anywhere in this world where rights
of people are upheld. A person sitting for an exam should always retain their right to query
16
Finally, the Chief Justice putting the blame on the law faculties is unfair. If there is truly a
problem with the caliber of students sitting for the entrants exams, then fix the problem
at the root so that we can stop disenfranchising students who have already paid in cash,
in study and in examinations for four years for a fair chance at gaining entrance into the
Ghana School of Law. True leaders do not shift blame, they solve problems.
In December the current Chief justice will retire and it will be up to the President to
nominate a new one. The future of legal education to a large extent will depend on the
philosophy of this person and whether or not they buy into the legal reforms being
suggested. God grant the President the wisdom to choose well. Personally, I do not
believe one office should hold this much sway over legal education but it seems to be
17