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IN exercise of the powers
conferred on the General Legal
Council by section 14 of the Legal
Profession Act, 1960 (Act 32), and
with the approval of the
Provisional National Defence
Council Secretary responsible for
Justice, these Regulations are
made this 18th day of January,
1984.
PART I—POST LAW GRADUATE COURSE
Regulation 1—Requirements for
Granting Qualifying Certificate.
No person shall obtain the
Qualifying Certificate referred to
in section 13 (3) of the Act,
unless he—
(a) has pursued an appropriate
course of study in approved
subjects extending over not less
than two years at the Ghana Law
School, Accra; and
(b) has satisfied the examiners at
the Part I and Part II of the
Qualifying Certificate
Examination.
Regulation 2—Qualification for
Admission to Professional Law
course.
A
person shall qualify for admission
to the Professional Law Course at
the Ghana Law School, if—
(a) he is of good behaviour;
(b) he has a degree conferred by
the University of Ghana or any
other University or institution
approved by the Council; and
(c) he has passed final
examinations in the following
subjects:
(i)
Law of Contract;
(ii) Law of Tort;
(iii) Criminal Law;
(iv) Law of Immovable Property;
(v) Constitutional Law;
(vi) The Ghana Legal System and
its History; and
(vii) Equity and Succession.
(2) For the purposes of this
regulation “final examinations”
means the final examination held
by the University of Ghana or by
any other University or
institution approved by the Ghana
Legal Council.
Regulation 3—Disqualification.
A
person shall not be eligible for
admission to the Professional Law
Course if—
(a) he is engaged in any
occupation which in the opinion of
the Council is incompatible with
the position of a student seeking
enrolment to be called to the
Ghana Bar;
(b) he is for any reason
considered by the Council to be
unsuitable for admission.
Regulation 4—Application for
Professional Law Course.
Application for admission to the
Professional Law Course shall be
made on the form prescribed in the
First Schedule to these
Regulations, and may be obtained
from the Secretary, General Legal
Council, P. O. Box 179, Accra.
Regulation 5—Declaration by
Applicant.
Except otherwise exempted under
any regulation for the time being
in force, no applicant shall be
admitted to the Professional Law
Course unless he has completed and
signed a Declaration in the form
set out in the Second Schedule to
these Regulations.
Regulation 6—Fees.
An applicant shall on admission to
the Professional Law Course pay
the following fees annually—
¢
(a) admission and
registration
100.00
(b)
tuition
3,000.00
(c) study
material
200.00
(d)
examination
100.00
(2) The admission and
registration fee as well as the
study material fee shall be paid
in full before admission in the
first term.
(3) The tuition fees may be paid
in three instalments, each
instalment falling due at the
beginning of each term.
(4) The examination fee shall be
paid by the candidate at the time
he registers for the examination.
(5) The examination fee is
neither refundable nor
transferable from one examination
to another.
(6) A candidate who withdraws
from an examination or fails to
present himself for it shall be
required to pay the full
examination fee if he re-enters
for the examination on any
subsequent occasion.
Regulation 7—Qualifying
Certificate Examination.
(1) The examination for the
Qualifying Certificate shall be by
written papers and such oral
questions as the examiners may
think desirable, and shall consist
of two parts, namely Part I and
Part II.
(2) Part I of the Qualifying
Certificate examination shall
consist of—
(a) Section (I) Civil Procedure;
(b) Section (II) Criminal
Procedure;
(c) Section (III) Evidence;
(d) Section (IV) Company Law; and
any two of the following—
(e) Section (V) Insurance Law;
(f) Section (VI) Law of Taxation;
(g) Section (VII) Industrial Law;
Regulation 8—Exemption from Part I
of Qualifying Certificate
Examination.
(1) A candidate may, at any time
before he registers for Part I of
the examination for the Qualifying
Certificate, apply to the Council
for exemption from the whole or
any section of Part I.
(2) The Council may accept as the
equivalent of Part I of the
Qualifying Certificate
examination—
(a) a degree granted by any
University for which the
qualifying examination includes
subjects or a subject
corresponding to those in that
Part;
(b) a certificate that the
student applying for exemption
under this regulation is a holder
of a Master's Degree or other
equivalent or higher degree in
Law.
(3) Part II of the examination
for Qualifying Certificate shall
consist of—
(a) Section (I) Practical
Conveyancing and Drafting;
(b) Section (II) Family Law and
Practice;
(c) Section (III) Legal
Accountancy;
(d) Section (IV) Interpretation of
Deeds and Statutes;
(e) Section (V) Practical Exercise
in Legal Ethics;
(f) Section (VI) Attachment and
Pupil age.
Regulation 9—Reference and
Re-admission.
(1) A candidate who fails in any
one paper in the Part I of the
Qualifying Certificate examination
shall be referred in that Part and
he shall be required to retake the
examination in that paper when he
takes the Part II examination in
the following year.
(2) A candidate who fails in any
one paper in the Part II of the
Qualifying Certificate examination
may, on the recommendation of the
examiners, be permitted by the
Board to retake that paper at a
supplementary examination.
(3) A supplementary examination
shall be held each year at such
times as the Board may determine.
(4) Except with permission of the
Council, a candidate shall not
retake the supplementary
examination in any one paper more
than four times.
(5) A candidate who fails in two
or more papers in the Part I or
Part II of the Qualifying
Certificate examination shall be
deemed to have failed the whole
examination in that Part.
(6) A candidate who fails the Part
I or Part II of the Qualifying
Certificate examination as a whole
may be permitted to retake that
Part of the examination.
(7) Except with the permission of
the Council, no candidate shall
retake any Part of the Qualifying
Certificate examination more than
four times.
Regulation 10—Entry for
Examinations.
(1) A candidate shall enter for
the Qualifying Certificate
examination on the appropriate
form which shall be obtained from
the Director.
(2) The completed form accompanied
by the examination fee prescribed
in regulation 6 shall be forwarded
to reach the Director not later
than the 1st day of March of the
year of the examination.
Regulation 11—Absence from
Examination.
(1) A candidate who absents
himself from the whole or part of
an examination without
satisfactory reason shall be
deemed to have failed the
examination.
(2) A candidate who absents
himself from the whole or a part
of the examination by reason of
illness or other satisfactory
cause may be permitted to take the
whole examination in the following
year or retake any part thereof in
a supplementary examination.
(3) A candidate who qualifies
under sub-regulation (2) of this
regulation shall apply to the
Director within five days from the
last day of the examination from
which he absented himself.
(4) An application on the ground
of illness shall be accompanied by
a medical certificate.
Regulation 12—The award of
Aegrotat Certificate.
(1) A candidate who—
(a) has already passed Part I of
the Qualifying Certificate
examination; and
(b) has completed the course of
study for Part II of the
Qualifying Certificate examination
but has been unable by reason of
illness to take the examination in
a section of, or in exceptional
circumstances the whole of the
examination for Part II,
shall be eligible for an aegrotat
certificate upon application made
by him or his behalf to the
Director.
(2) An application from or on
behalf of a candidate for an
aegrotat certificate shall be
accompanied by a medical
certificate and shall be forwarded
to reach the Director within seven
days from the last day of the Part
II of the Qualifying Certificate
examination for which the
candidate concerned has been
registered.
(3) A candidate shall not be
awarded an aegrotat certificate
unless the examiners are satisfied
that he would normally have
qualified for the award of a
Qualifying Certificate if he had
taken the relevant examination.
(4) Without prejudice to
sub-regulation (3) of this
regulation, the examiners may
prescribe such further tests as
they may consider necessary in
respect of an applicant for an
aegrotat certificate.
(5) An aegrotat certificate
shall be awarded without Honours
or Class.
(6) The holder of an aegrotat
certificate may not be permitted
to re-enter for the Part II
examination.
Regulation 13—Notification of
Results.
(1) A list of the names of
successful candidates in the Part
I and Part II Qualifying
Certificate examination in
alphabetical order shall be posted
on the Ghana Law School Notice
Board and such other places as the
Council determine as soon as the
examination results have been
received by the Director.
(2) In the case of the Part II
examination the list shall
indicate the class and
sub-division attained by each
candidate.
Regulation 14—Award of Qualifying
Certificate.
(1) The reports of the examiners
and the lists of successful
candidates shall be laid before
the Board for approval at the
first meeting of the Board after
the completion of the examination.
(2) The Board shall submit its
decision to the Council for final
approval.
(3) The Qualifying Certificate
referred to in sub-section (3) of
section 13 of the Act shall be
presented to each successful
candidate at an enrolment ceremony
of the Council to be held for the
purpose or with the approval of
the Council at a separate
ceremony.
Regulation 15—Practical Training.
(1) The Board shall arrange a
course of training for candidates
registered for the Qualifying
Certificate examination to enable
them obtain experience in the
practice of the law.
(2) The course shall include
practical instruction and lectures
in the following subjects—
(a) conveyancing, investigation
of title, drafting enactments and
other legal documents, advice on
land matters and matters relating
to concessions under the
concession law;
(b) probate and administration of
estates and administration of
trusts;
(c) civil procedure, conduct of
litigation, advocacy and pleading
in criminal and civil courts,
rules relating to the burden of
proof and the admission of
evidence and the conduct of
appeals;
(d) advising on commercial
transactions, including drafting
of commercial agreements,
formation of companies, forms of
financing development projects,
registration and sale of patents
and trade marks, technical advice
and service agreements, export and
import transactions and banking;
(e) accounts and office
organisation and procedure,
business correspondence and costs
and fees; and
(f) rules of professional conduct
and etiquette and duties of
members of the profession towards
clients.
(3) Without prejudice to
sub-regulation (2) of this
regulation the course shall
include attendance by the
candidates at courts for the
hearing of civil actions and
criminal prosecutions, visits and
attachments to judges’ and
lawyers’ chambers, government
offices, legal departments or
corporations and companies and
attendance at sittings of
commissions of enquiry.
PART II—THE PRELIMINARY COURSE
Regulation 16—Admission of certain
persons to a Preliminary Law
Course.
(1) A person who has obtained a
degree in a subject other than
law at the University of Ghana or
at any other University or
institution approved by the
Council may be admitted to the
Professional Law Course—
(a) if he is of good character;
(b) if he has passed an entrance
examination conducted by the
Board; and
(c) if he has successfully
completed a preliminary law
course in the following subjects;
(i)
Law of Contract;
(ii) Law of Tort;
(iii) Criminal Law;
(iv) Law of immovable property;
(v) Constitutional Law;
(vi) The Ghana Legal system and
its History;
(vii) Equity and Succession.
(2) The examination for the
preliminary Law course under
sub-regulation 1 (b) of this
regulation shall be conducted by
the University of Ghana, or any
other University or institution
approved by the Council for that
purpose.
Regulation 17—Re-admission and
Supplementary Examination.
(1) A candidate who fails in one
paper at the Preliminary
Examination may on the
recommendation of the examiners
be permitted by the Board to
retake an examination in that
paper at a supplementary
examination.
(2) A candidate who fails in two
or more papers in the Preliminary
Examination or a supplementary
examination shall be deemed to
have failed the whole examination.
(3) A candidate who fails a
supplementary examination may be
permitted by the Board to retake
the whole examination at not more
than two of the next three
immediately following
examinations.
Regulation 18—Absence from
Preliminary Examinations.
(1) A candidate who absents
himself from the whole or part of
the Preliminary Examination shall
be deemed to have failed the
examination.
(2) A candidate who absents
himself from the whole or part of
the Preliminary Examination by
reason of illness or other
satisfactory cause, may be
permitted upon application to take
the whole examination in the
following year or to retake any
part thereof at a supplementary
examination.
(3) An application from or on
behalf of the candidate under
sub-regulation (2) of this
regulation to take the examination
shall be forwarded to reach the
Director within five days from the
last day of the examination from
which he absented himself.
(4) An application on the ground
of illness shall be accompanied by
a medical certificate.
Regulation 19—Dates of Preliminary
and Supplementary Examinations.
(1) The examination for the
Preliminary course shall be held
in May or June of each year or at
such other time as the Board may
determine.
(2) A supplementary examination
shall be held in September of each
year or at such other time as the
Board may determine.
Regulation 20—Entry for
Examinations.
(1) Entry for the examinations for
the preliminary course shall be
made on the appropriate form which
shall be obtained from the
Director.
(2) The completed form shall—
(a) in the case of the preliminary
examination, be forwarded to reach
the Director not later than the
31st day of March in the year of
the examination;
(b) in the case of a supplementary
examination, be forwarded to reach
the Director not later than the
31st day of July in the year of
the examination.
Regulation 21—Examination Fees.
(1) An examination fee of ¢100.00
shall be paid by a candidate in
respect of the preliminary
examination at the time he
registers for the examination.
(2) A fee of ¢100.00 shall be
paid in respect of a supplementary
examination.
(3) The examination fee is neither
refundable nor transferable from
one examination to another.
Regulation 22—Notification of
Results.
A
list of names of successful
candidates in the preliminary
examination in alphabetical order
shall be posted on the Ghana Law
School Notice Board and such other
places as the Board may determine,
as soon as the examination results
have been received by the
Director.
PART III—POST-CALL LAW COURSE FOR
LAWYERS TRAINED OUTSIDE GHANA
Regulation 23—Examination
Requirement.
(1) A person who is qualified to
practise in a country with a
system of law analogous to that of
Ghana and who wishes to be
enrolled as a lawyer under
sub-sections (1) and (3) of
section 3 of the Act shall be
required to pass examinations in
the Constitutional Law and the
Customary Law of Ghana.
Regulation 24—Admission to the
Course.
An applicant shall be considered
for admission to the Post-Call Law
Course if he produces evidence to
show that—
(a) he is of good character;
(b) he holds a degree conferred by
a University approved by the
Council; and
(c) he has successfully completed
a law professional training course
in a country with a legal system,
analogous to Ghana.
Regulation 25—Signing of
Declaration and Undertaking.
(1) Except otherwise exempted
under any regulation in force, no
applicant shall be admitted to the
Post-Call course unless he has
completed and signed a Declaration
in the form set out in the Second
Schedule to these Regulations.
(2) An application for admission
to the Post-Call Law Course shall
be made on the form prescribed in
the First Schedule to these
Regulations and may be obtained
from the Secretary, General Legal
Council, P. O. Box 179, Accra.
Regulation 26—Admission and
Tuition Fees.
An applicant for the Post-Call Law
Course shall pay an admission fee
of ¢100.00 and tuition fee of
¢750.00 to the Council, and these
shall be paid at the time of
registration.
Regulation 27—Duration of the
Course of Study.
(1) The course shall be for a
period of not less than ten weeks
or more than fifteen weeks.
(2) The course may be held twice
in each year between the months of
January and April; and September
and December.
Regulation 28— Examinations.
(1) Unless otherwise exempted by
the General Legal Council each
candidate attending the course
shall be required to pass both
sections of the examination
specified in sub-regulation (5)
of this regulation.
(2) Admission to the examination
shall be open only to candidates
who have completed the course or
who have been exempted from a
section of the examination by the
General Legal Council under
sub-regulation (1) of this
regulation.
(3) The examination for the
Post-Call Law Course shall be
conducted under the supervision
and direction of the Board and
shall be held at such times and
places as the Board may determine.
(4) The examination shall be in
the form of written papers and
such orals question as the Board
may consider desirable.
(5) The examination shall consist
of two sections as follows:
Section (I)—The Constitutional Law
of Ghana
Section (II)—Customary Law of
Ghana.
(6) Entry for the examination
shall be made on the appropriate
form which may be obtained from
the Director.
(7) The completed form shall be
forwarded to reach the Director
not later than 31st October or
30th April of the year of
examination.
(8) An examination fee of ¢150.00
shall be paid by a candidate at
the time he registers for the
examination.
(9) The examination fee is neither
refundable nor transferable from
one examination to another.
(10) A candidate who withdraws
from or fails to present himself
for the examination may be
required to pay the full
registration fee on any subsequent
occasion he re-registers for the
examination.
(11) A candidate who absents
himself from the whole or a part
of examination without
satisfactory reason shall be
deemed to have failed the
examination.
(12) A candidate who absents
himself from the whole or a part
of the examination by reason of
illness or other satisfactory
cause may be permitted by the
Board to take the whole
examination on a subsequent
occasion.
(13) An application from or on
behalf of the candidate to retake
the examination shall be forwarded
to reach the Director within five
days from the last day of the
previous examination.
(14) An application on the grounds
of illness shall be accompanied by
a medical certificate.
Regulation 29—Exemptions and
Disqualification from Taking
Examination.
(1) Unless otherwise exempted, a
candidate shall satisfy the
examiner in each section of the
examination.
(2) A candidate who having pursued
the course or been exempted from a
section of the examination, fails
in the whole examination or a
section thereof, may be permitted
to present himself for another
examination without pursuing a
further course.
(3) A candidate who is
unsuccessful at the second attempt
of the whole examination shall not
be permitted to take any further
examination without completing a
further course.
(4) No candidate shall be
permitted to retake the whole
examination for more than three
times within any period of three
years.
Regulation 30—Reference and
Re-admission to Examination.
(1) A candidate who fails to
satisfy the Board in any one
section may with the permission of
the Board retake the examination
in that section only at a
supplementary examination.
(2) A candidate who fails the
examination in the referred
subject shall be required to
retake the whole examination
including the subject which he has
passed at the previous
examination.
(3) A candidate who retakes the
whole examination under
sub-regulation (2) of regulation
29 shall not be permitted to take
the examination more than four
times in any three years.
Regulation 31—Notification of
Results.
A
list showing the names in
alphabetical order of successful
candidates in the examinations
shall be published by the Director
on the Ghana Law School Notice
Board and such other places as the
Council may, determine soon after
the results of the examinations
have been received by the
Director.
Regulation 32—Award of Qualifying
Certificate.
(1) The reports of the examiners
and the pass list shall be laid
before the Board for approval at
the first meeting of the Board
after the completion of the
examination.
(2) All successful candidates
shall be awarded Qualifying
Certificate and may be enrolled on
the Roll of Lawyers.
PART IV—MISCELLANEOUS
Regulation 33—Disqualification for
Entry.
A
candidate who has been absent
from lectures, tutorials,
seminars, practical work or any
part of the prescribed course of
instruction for a cummulative
period of 28 days or more in any
one academic year shall be deemed
not to have pursued an appropriate
course of study and shall not be
eligible to enter for the
Qualifying Certificate Examination
or the Preliminary Examination.
Regulation 34—Award of Prizes.
Upon the results of the Parts I
and II examinations the following
prizes may be awarded—
(a) a Sarbah Certificate of Honour
from the Council and book prize
award of
..............................
for any student who obtains First
Class Honours;
(b) the Council for Law Reporting
Prize worth a five-year set of the
Ghana Law Reports to the candidate
who secures the highest position
in the Moot Court exercises;
(c) the E. D. Kom Prize in Civil
Procedure to the candidate who
secures the highest position in
Civil Procedure.
Regulation 35—Interpretation.
In these Regulations, unless the
context otherwise requires—
"Act" means the Legal Profession
Act, 1960 (Act 32);
"Board" means the Board of Legal
Education referred to in section
15 of the Act;
"Council" means the General Legal
Council;
"Director" means the Director of
Legal Education.
Regulation 36—Commencement.
These Regulations shall be deemed
to have come into force on the 2nd
day of November, 1983.
SCHEDULES
FIRST SCHEDULE
GHANA LAW SCHOOL
APPLICATION FORM FOR ADMISSION
(for Post-Law Graduate
Professional Course)
1. Name in full
....................................................................................................................
(Surname first: state whether Mr.
Mrs. or Miss)
2. Permanent address in
Ghana..........................................................................................
................................................................................................................................................
3. Date of birth
............................................................................................................
4. University from which law
degree was obtained
.........................................................................................................
................................................................................................................................................
................................................................................................................................................
5. Subjects passed for law degree
with dates and particulars of
credits or distinctions
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
................................................................................................................................................
6. Subjects from which exemption
is claimed (having regard to
paragraph 5 above)
................................................................................................................................................
................................................................................................................................................
7. Have you ever been convicted of
any criminal offence whatsoever?
................................................................................................................................................
................................................................................................................................................
(a) if so, state briefly, the
nature of charge(s) and date and
place of conviction
............................................................
...............................................................................................................................................................................
...............................................................................................................................................................................
(b) if not, please complete the
attached admission Declaration and
return with this form.
8. Provide certificate of
character from two responsible
persons resident in Ghana who have
known you for one year or more; if
a graduate of the University of
Ghana, one of the certificates
should be from the Dean of the
Faculty of Law.
9. If you are not a Ghanaian
citizen, state your citizenship or
nationality, and your normal
country of
residence.................
10. I wish to apply for enrolment
for the Post-Law Graduate
Professional Course including the
Professional Training Course. I
have been warned that the duration
of the course is not less than one
year. If my application for
enrolment is accepted, I agree to
pay all fees in accordance with
the School regulations, to attend
classes regularly and punctually
and to obey the rules and
regulations from time to time laid
down by the School.
Date
..............................................................
..............................................................
Signature
SECOND SCHEDULE
GHANA LAW SCHOOL
DECLARATION
I,
.....................................................................................................................................
of
..........................................................................................................................................
(Inn of Court or University from
which law degree obtained and date
of admission)
......................................................................................................................................................................................
a
Ghanaian or Commonwealth citizen
aged
.......................................
do hereby declare that I am
desirous of being admitted as a
student of the Ghana Law School
for the purpose of taking the
*Post-Call Professional
Qualification or Post-Law Graduate
Professional Course with a view to
enrolment at the Ghana Bar and
that I have at no time been
convicted of any criminal offence
whatsoever and that I am in every
respect a person of respectability
and a proper person to be admitted
as a student of the Ghana Law
School with a view to being called
to the Ghana Bar.
Dated in
..................................
this ...................... day of
...........................
19...............
......................................................
Signature
*Strike out inapplicable words.
GENERAL LEGAL COUNCIL
F. K. Apaloo .. .. ..
.. .. .. Chairman
E. N. P. Sowah .. .. ..
.. .. .. Member
G. E. K. Aikins .. .. ..
.. .. .. Member
G. R. M. Francois .. .. ..
.. .. Member
R. B. Turkson .. .. ..
.. .. .. Member
J. Ofori-Boateng .. ..
.. .. .. Member
Date of Gazette Notification:
13th April, 1984.
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