Members of the Minority in Parliament are reportedly readying themselves to move a motion for a vote of censure against Attorney General and Minister of Justice Godfred Yeboah Dame following his refusal to execute the resolution of Parliament over the 499 Law Students. The NDC members of the chamber have reportedly gathered enough signatures to trigger the process and are awaiting the arrival of Speaker Alban Bagbin who is currently out of the jurisdiction.
A vote of censure is a vote of no confidence in the minister which will result in his removal if successful. The House on October 29 passed a resolution for the General Legal Council to compel 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 Attorney General has however rejected the resolution saying Parliament has no power
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.”