Minority triggers AG’s removal over 499 law students
Minority caucus of Parliament have filed a motion to trigger a vote of censure agaist Attorney General and Minister of Justice Godfred Yeboah Dame over his refusal to carry out the unanimous resolution of Parliament over the 499 Law Students.
The NDC MPs of the lawmaking house have supposedly gathered adequate signatures and triggered the AG’s removal process pending the arrival of Speaker of of Parliament Rt. Hon. Alban Kingsford Sumana Bagbin who is currently out of Ghana in a trip to United Arab Emirates.
A vote of censure implies a vote of no confidence against the Chief Legal Advisor of Government which will result in his removal if successful upon two-thirds of majority of MPs present and voting.
It follows October 29, 2021 esolution passed by the 275 MPs for the General Legal Council to direct the Ghana Law School to admit the 499 students who sat for the 2021 entrance exams and passed in accordance with the marking scheme as advertised, the 50% marks threshold.
The Attorney General has however turned down the resolution insisting that Parliament has no power to power to order the GLC to admit the 499 students.
In a response to Parliament, the Attorney General said Parliament is “Devoid of the 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 resolutions.”
“In accordance with section 13(1)(e) and (f) of the Legal Profession Act, 1960 (Act 32), the power to regulate the 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. 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.”
African Editors sources have confirmed that enough signatures have gathered by the minority to file the motion to trigger removal the AG via a vote of no confidence.
Below is a memo on the motion for vote of censure
Meanwhile, the 499 law students have dragged the Director of the Ghana School of Law, Attorney General and General Legal Council.
It’s important to anchor the point that lectures at Ghana School of Law have started.
Source : africaneditors.com