A Kumasi-based private legal practitioner, Kwasi Afrifa Esquire, has filed a writ to invoke the original jurisdiction of the Apex Court against the General Legal Council (GLC). He is seeking a declaration for a true and proper interpretation of Article 19, Clause 14 of the 1992 Constitution Rule 11(3) of the Legal Profession (Disciplinary Committee) Rules, 2020 (L.I. 2424), which empowers the Chairman of the Disciplinary Committee to determine the maximum number of witnesses a party may call during an enquiry into a complaint of professional misconduct against a lawyer is inconsistent with and in contravention of his fundamental human right to a fair trial guaranteed, and protected by the provisions of Article 19 of the 1992 Constitution.
The writ filed on May 4, 2022 on behalf of his good self as a Ghanaian citizen as provided for in Articles 2 (1) and 19 of the Constitution, also seeks a declaration upon a true and proper interpretation of Article 19, Clause 14 of the 1992 Constitution Rule 15 (1) of the Legal Profession (Disciplinary Committee) Rules, 2020 (L. I. 2424) which requires that an enquiry into a complaint of professional misconduct against a lawyer to be held in camera is inconsistent with and in contravention of plaintiff’s fundamental human rights especially when the matter raised in the complaint are of fundamental public interest and importance.
Lawyer Afrifa also stated that of Article 19, Clause 14 of the 1992 Constitution, Rule 15 (2) which gives discretion to a panel of the Disciplinary Committee of the General Legal Council to decide to hold a enquiry in public is inconsistent with and in contravention of the law which prescribes public morality, public safety or public order as the only grounds for holding the proceedings of any adjudicating authority otherwise than in public which is not applicable in the plaintiff’s trial before the GLC.
He also sought a declaration that of Article 19, of the 1992 Constitution Rule 18of the Legal Profession (Disciplinary Committee) Rules, 2020 (L. I. 2424) which provides that a legal action in court in relation to a complaint before the Disciplinary Committee panel of the GLC shall not prelude the Disciplinary panel from conducting the enquiry which is the subject matter of the legal action in court is inconsistent with the 1992 Constitution of Ghana.
The plaintiff is further seeking a declaration of the Supreme Court that the proceedings and decisions in respect of the complaint lodged by one Ogyeedom Obrenu Kwesi Atta VI against him before the GLC are null, void and of no effect and ought to be set aside. Consequently, the plaintiff has called for an order of injunction restraining the GLC and its Disciplinary Committee panel, officials, representatives and all those claiming to be acting on their behest from continuing to hear the said complaint against him pending the final determination of the suit at the Supreme Court.
The plaintiff, has been charged with nine counts of professional misconduct by the Disciplinary Committee of the General Legal Council which had had established a prima facie case against the Kumasi-based legal luminary.
The charges came at the heels of the infamous US$5 million bribery allegation against the Chief Justice, His Lordship Kwasi Anin Yeboah by the plaintiff last year in response to a petition filed at the General Legal Council (GLC) by Ogyeedom Obranu Kwesi Atta IV, his former client.
The Committee, after reading the respective written documents of the parties (Ogyeedom and Afrifa) and upon listening to them orally, charged the lawyer with nine counts of professional misconduct which does not include the complaint made by the chief. Meanwhile, in spite drawing its attention the pendency of the writ at the Supreme Court, the GLC proceeded to hear the complaint on May 10, 2022.
