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...Claims it is Discriminatory and Arbitrary
A private legal practitioner, lawyer Elikplim L. Agbemava, has filed a suit at the Supreme Court of Ghana challenging the licensure exams and that the establishment of the National Council for Curriculum Assessment and National Inspectorate Board is unconstitutional.
The lawyer is invoking the original jurisdiction of the apex court praying it to declare that upon a proper interpretation of Article 17 and 296 of the 1992 constitution the Guidelines and procedures for the Licensure Examination for only newly trained teachers is discriminatory, arbitrary, an abuse of power and inconsistent with the 1992 constitution and therefore unconstitutional.
He is also seeking ”a declaration that on a true and proper interpretation of Article 190 (1) (a) and 3 of the 1992 Constitution, Parliament lack the power to create new public institutions that is, the National Teaching Council, National Inspectorate Board and the National Council for Curriculum Assessment to manage Ghana’s educational system;
(ii) A declaration that on a true and proper interpretation of Article 190 (1) (a) and (3) of the 1992 constitution, the Education Service established under Article 190 and the Ghana Education Service Act of 1995 (Act 506) is the only and sole public body mandated by the 1992 constitution to manage, administer, execute and regulate an educational system (including setting professional standards for teachers) in Ghana that will produce well balanced individuals with the requisite knowledge skills values aptitudes and attitudes to become functional and productive citizens for the total development and the democratic advancement of the nation as envisaged under the Education Act of 2008 (Act 778);
(iii) A declaration that on a true and proper interpretation of Article 190 (1) (a) and (3) of the 1992 constitution the creation of the National Teaching Council, National Inspectorate Board and the National Council for Curriculum Assessment is unconstitutional;
(iv) A declaration that on a true and proper interpretation of Art 17 and 296 of the 1992 constitution the Guidelines and procedures for the Licensure Examination for only newly trained teachers is discriminatory, arbitrary, an abuse of power and inconsistent with the 1992 Constitution and therefore unconstitutional;
(v) A declaration that the a “trained qualified teacher” is a person who has sat and passed all the modules, contents and methodology of the various course of the Colleges of Education as established by the Colleges of Education Act, 2012 and certified by the University of Cape Coast or the National Accreditation Board National Teaching Council’s and “registered” by the Ghana Education Service as a person qualified to teach at the pre-tertiary level and not by virtue of any licensure exam supposedly organised by the National Teaching Council established under the Education Act, 2008 (Act 778) as amended;
(vi) An interim injunction directed at the National Teaching Council, its assigns and delegated authorities to stop, cease or halt the ongoing registration and intended examination of only newly qualified teachers pursuant to the Guidelines and procedures for the Licensure Examination until the final determination of this suit and
(vii) Any other orders that the court deems fit in the exercise of its equitable and legal powers. The ”Capacity in which Plaintiff is bringing the action is as follows: The Plaintiff brings this action as a concerned citizen of Ghana in terms of Article 130 and 2(1) (b) of the Constitution of the Republic of Ghana, 1992,” his suit read.
The examinations applies to all teachers who hold the Diploma in Basic Education (DBE), Bachelor of Education (B.Ed) or a post-graduate Diploma in Education (PGDE) who want to be employed by the Ghana Education Service
Source: Rashid Obodai Provencal