The Human Rights Division of the Accra High Court has granted the request from the 499 Law School students who were challenging their admission into the Ghana School of Law.
The students deemed to have failed the entrance examination were seeking an interlocutory injunction against admission activities of the school.
In court on Friday, when the case was called for the interlocutory injunction application to be moved, counsel for the applicants Lawyer Martin Kpebu told the court that, they have reached settlement with the General Legal Council (GLC) and the Attorney General (AG) for settlement.
To this end, he prayed the court to discontinue the case with the liberty to re-apply.
According to counsel, though they have reached an agreement, his clients are yet to be issued with their admission letters.
GLC, AG response
Lawyer for the GLC, Nana Yaw Ntrekwah, said the basis to discontinue the case was a decision made by the applicants.
He argued that, once the applicants have informed the Court that, the case has been settled, then there is no need for the court to grant them liberty to re-apply.
He prayed the court to strike the case out without liberty to re-apply.
Lawyer Ntrekwah also asked the court to award a cost against the applicants.
Grace Oppong, who represented the AG said she association herself with submissions of the GLC except for the award of cost.
By Court
The court presided over by Justice Nicholas Mensah Abodakpi said, discontinuing the case without liberty to re-apply does not go with settlement of cases.
The court said, “the prayer to discontinue with liberty to re-apply is granted.”
EIB Network’s Court Correspondent Murtala Inusah reports that the court declined the request to award cost against the applicants.
Lawyer for the applicants Martin Kpebu told GHOne TV after the court sitting that, they are now in the hands of the GLC waiting for his clients’ admission letters.
Reliefs
On October 22, lawyers of the 499 LLB students who were deemed to have failed their entrance examination sued the Director of the Ghana School of Law and the AG
The students through their lawyers led by Martin Kpebu filed the application asking for the decision to be quashed in a Ceetiorari application and further asked for the GLC to be compelled to admit the students.
The applicants are seeking among other things “a declaration that the conduct of the 1st Respondent in declaring the applicants as having failed the entrance examination into the Ghana School of Law for the Professional Law course held in August 21 despite the fact that applicants had obtained marks between 50 and 61 out of a total 100 marks is a violation of Article 23, 25 and 17 9f the 1992 Constitution.
They are also seeking “An order of Certiorari to quash the decision of the 1st Respondent that only candidates who obtained at least 50% in each of the sections (A & B) of the Ghana School of Law entrance examination held on August 24, 2021, as contained in a notice published on October 4, 2021, by the director of the Ghana School of Law on behalf of the Ghana Legal Counsel for being a violation of articles 23, 25 and 17 od the 1992 Constitution and for being unreasonable for having being made after the examination referred to in relief (i) but being applied to that exam.
“An order of mandamus to compel the 1st Respondent to admit the applicants into the Ghana School of Law for the professional law course in this 2021/2022 legal year pursuant to reliefs (i) and (ii) above.
“A declaration that the failure of the 2nd Respondent to rein in the 1st respondent for the conduct of the 1st respondent as stated in relief (i) and (ii) constitutes a dereliction of the 2nd Respondent’s duties under Act 32,” the application noted.
Source: Ghana/Kasapafmonline.com/Murtala Inusah
