Prof. Kwaku Asare Writes: Today, I Will Whine!

Today, I will whine! Galamsey is destroying our country. We seem not to be the least bit interested in whether we do right to each other or not. In fact, some cheer injustice.

Under our laws, you are qualified to study professional law. You have been qualified since 2012. Some since 2013, 2014, 2015 or as recent as 2016.

You are not asking for free professional legal education. You are willing to pay for it. You are not asking to be automatically called to the Bar. You are asking for a mere chance to study to take the Bar examination. In effect, you are simply asking to be extended the ladder of opportunity to become a lawyer, not based on kindness but because you are qualified under the law for such an opportunity. You must still prove your competence before you are called to the Bar!

The Supreme Court says you are automatically qualified to be admitted or given that opportunity. The Supreme Court says you cannot be excluded from the School of Law. The Supreme Court says that opportunity is yours as a matter of right. The Supreme Court says your administrative rights have been violated by not being allowed to pursue the professional education. The Supreme Court says the Law Regulator (GLC) has violated the Constitution with perfect impunity.

Yet, that same Supreme Court says entrance examinations are unconstitutional but do it anyway. It is analogous to the Electoral Commissioner asking voters to do an election examination before being registered to vote notwithstanding that a voter is 18, a Ghanaian and of unsound mind. The EC’s excuse is that there is a shortage of registration materials. The Court properly declares that the EC cannot do that under the Constitution but orders the EC to give the election examination anyway, since “arrangements are underway bearing in mind that the voters are qualified!”

A right is useless if its violation leads to no remedy. While you have automatically qualified and have been unconstitutionally denied admission or the opportunity to study since 2012, they claim such a harm to you is not serious or irreparable! But the Court does not tell you how to repair that damage. It simply buries it in the coffin of prospective overruling!

I am afraid we are doing injustice to too many people. As an educationist, I am afraid our Courts are poisoning the minds of many people who read these absurdities and take them at face value. As a citizen, I am concerned by the silence of those who should be talking. The utter silence of our MPs, Ghana Bar Association, and Law Faculties.

Galamsey is ravaging our country!! If we cannot go to the courts for justice, I am afraid that we are entering into a dangerous judicial pit. At first, it will devour others. You can sit somewhere and cheer but it is only a question of time before it devours us all.

People can only take so much before they won't take it anymore!