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Prof. Asare livid about ‘none serious’ ruling on Constitutional Review

Prof. Stephen Kwaku Asare has waived his right to appeal against the “none serious” decision by the Supreme Court to dismiss his challenge against the constitutionality of the Constitution Review process.

He told Joy News it would be a “pointless exercise” to go for a review after convincing himself that the judges would “not change their mind”.

The US-based Ghanaian lawyer said he was “not too surprised” by the judgement, having observed what he described as “interesting” decisions being given by the courts lately.

Prof. Stephen Kwaku Asare was contending amongst others that the President, does not have the power to set up a commission to review the country's supreme law, the 1992 Constitution.

But a seven-member Supreme Court panel chaired by Chief Justice Georgina Wood dismissed his case by a 5 - 2 decision.

Nonetheless, Prof. Kwaku Asare insisted former President Atta Mills committed “very, very serious infraction” when he unilaterally formed a team to review the constitution.

It is dangerous, he suggested, for such a serious review to be left to “the imagination of the president to summon a couple of his friends".

He described the ongoing constitutional review process as “highly unscientific and not useful”, more so when the president decides to read and pick portions of recommendations by a review commission that he likes and solely set up a review committee to work on it.

Ideally, he submitted, parliament would have to invite experts to deliberate, debate and pass a constitutional review act that would detail processes to follow when reviewing or amending the constitution as well as how the commission review team should be constituted.

“I was extremely surprised that the Supreme Court could deal with it in such a none serious way,” he scoffed at today’s ruling.

He could not believe that despite the resounding arguments he adduced in court to sway the minds of the judges to his side, his case was rejected.

“We gave them everything, and there was enough on the record for them to do the right thing, they chose not to do the right thing. There is no point pursuing it, we move on to other things”.

Prof. Kwaku Asare, popularly known as kwaku Azar, said he would now divert his attention at getting the General Legal Council to admit all qualified students into the law school.

He has already headed to court to champion the cause which would make the council more innovative and create avenues such as distance education so that more students can pursue their dream.

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