A constitutional challenge to the Teaching Service Commission has been dismissed by the High Court, which ruled that the President was not required to consult with the Leader of the Opposition before making appointments to the body because the post was vacant at the time.
Justice Damone Younge handed down the ruling on Friday in a civil suit brought by A Partnership for National Unity’s Terrence Campbell, who argued that Article 207(2)(d) of the Constitution imposed a mandatory requirement for the President to appoint three TSC members only after meaningful consultation with the Leader of the Opposition.
Campbell contended that where no opposition leader was available, the law did not confer independent appointment powers on the President.
The State countered that the constitutional provision was never intended to render the Commission inoperable due to the absence, delay or default of any one constitutional actor, and that the President’s appointment power could not be frustrated by a vacant opposition post.
The Court agreed, finding no breach of the procedural duty to consult since no Leader of the Opposition was available and the power to appoint one did not rest with the President.
Justice Younge also noted that education administration remained a vital pillar of national life, and that leaving the TSC without a functioning commission would have exposed the sector to uncertainty and disruption.
All parties were ordered to bear their own costs.
