desire to clear a back log of Ghanaian applicants, a limitation was however placed on the
intake in 2009.
20 It was submitted that the rights of the Applicants was not violated under the African
Charter on Human and Peoples' Rights. The Defendant however enjoined the Applicant to
register and go through the selection process just like any other person without any
restrictions, as he had failed to meet the earlier registration criteria.
21 The Defendant went further to state that the Applicant's reliance on Articles 20 & 22 of
the African Charter on Human and Peoples' Rights to lay claims to his rights to selfdetermination, economic, social and cultural development was not tenable as it refers to ''
peoples" or "groups" which therefore is not a right enjoyable by an individual.
22 It was submitted that it is trite learning that a statute or other legal document must be read
as a whole to ascertain the intention of the maker and give effect to his intention.
Therefore, that Article 20, 21 and 23 of the African Charter on Human and Peoples'
Rights deals with "peoples" or "groups" rights. Thus concluding on this note, that
individual rights as recognized under the African Charter on Human & Peoples' Rights are
generally covered under Articles 2 to 15.
23 It was further submitted that since the Applicant is not claiming a group right under
Article 20, therefore none of his rights has been infringed upon in terms of the African
Charter on Human & Peoples' Rights.
24 The Defendant submitted that it has been a champion of the Community Integration and it
will therefore be unfortunate to rule its actions as a violation of the principles governing
Community integration, bearing in mind that the preamble of the Revised Treaty stated
that diversities of the Community in the integration process should be respected.
25 Finally, it contended that the provisions of the Supplementary Protocol A/SP.2/5/90 cited,
rould notbe relied upon, as the restriction did not in any way violate the Applicant's
rights to establishment in Ghana and urged the Court to recognize the pe.;,uliar situation as
faced in 2009 by the Ghana School of Law and dismiss the applicatior.. in limine.
5
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