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Remove Attorney General for disobeying us – Minority files motion in Parliament

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 resolution, passed last week with bi-partisan support after deputy majority leader Alexander Afenyo-Markin and deputy minority leader James Avedzi made a case for it, compelled the Attorney General and Minister of Justice to see to it that the GLC enforces the resolution.

However, in response Dame told Parliament it does not have the power to direct him to make sure that the General Legal Council and the Ghana School of Law admit 499 LLB students who achieved the 50% pass mark.

No locus

“We do not want to get to contempt of Parliament issues. Whilst recognising the general legislative powers of Parliament in Ghana, except as have been circumscribed by the constitution, I am constrained to advise that Parliament is devoid of a 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 of resolutions. In accordance with Section 13(1)(e) and (f) of the Legal Profession Act 1960 (Act 32), the power to regulate 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,” the Attorney General said in his response.

On Tuesday (9 November), the minority chief whip Mohammed-Mubarak Muntaka in a memorandum addressed to the Speaker said the Attorney General has impugned the “image and integrity” of the House over his refusal to carry out the orders.

 

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