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General News of Wednesday, 25 August 2021

Source: www.ghanaweb.com

US$5m CJ bribery lawyer drags GLC to High Court over 'flawed' charges

Lawyer Kwasi Afrifa says he stands by his word relative to the bribery allegation Lawyer Kwasi Afrifa says he stands by his word relative to the bribery allegation

• The lawyer behind a bribery allegation against the Chief Justice says he stands by his statements

• Kwasi Afrifa has dragged the General Legal Council which is probing him to the High Court

• He is seeking the court to restrain the GLC from continuing its unlawful probe


Kwasi Afrifa, the lawyer behind the $5 million bribery allegation levelled against Chief Justice Kwasi Anin-Yeboah had sued the General Legal Council, GLC, over misconduct charges slapped on him in connection with the case.

He is pleading to the Accra High Court to quash the processes that led to the General Legal Council's decision to charge him with nine counts of misconduct for his role in the bribery allegation.

Afrifa, whiles insisting that he was right to divulge information that had been given him by his former client in order to defend himself before the GLC, stressed in the court filings that he had no way of ascertaining the truth or otherwise of the said allegation.

He further accused the GLC of 'ambushing' him with a second petition filed by his former client, Ogyeedom Obranu Kwesi Atta VI, when he attended upon the Council for a meeting on July 15.

He said repeated attempts to be given time to study the 8-page document were turned down. After the said hearing another meeting was scheduled for Kuly 29 after the Council ruled that a prima facie case had been established against him.

Afrifa argued in his concluding remarks that five of the nine charges the GLC proferred against him were based on a repealed law, Legislative Instrument 613.

He argues that legislation has been repealed by Rule 103 of L.I. 2423, insisting that the other charges were mere repetitions or that they lacked precision, were unknown or fundamentally flawed.

“One cannot ignore the undeniable fact that the mission which the complainant claim to have entrusted the applicant is unlawful, illegal and contrary to public policy,” his papers read in part.

The current suit follows one in early August, in which Afrifa sued the GLC in connection with its disciplinary hearing against him.

In that suit, he prayed the High Court to set the hearing aside, arguing that meeting was wrongful, illegal and contrary to the rules of natural justice.

The president Nana Addo Dankwa Akufo-Addo on Monday dismissed a petition calling for him to establish a Committee under available laws to probe the allegations.

The petition brought by civil society organization ASEPA was dismissed after the President acting parltly on advice of the Council of State determined that there was no prima facie case against the CJ.



Read below the nine charges against Mr Afrifa resulting from the GLC’s preliminary probe:

Count 1

Statement of misconduct

Misconduct in a professional respect, contrary to rule 9(11) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (LI. 613) as amended.

Particulars of misconduct

That you, having been informed of an alleged unethical conduct in the office of the Chief Justice by your former client, Ogyeedom Obranu Kwasi Atta VI, the Complainant herein, failed to protect the sanctity and integrity of the legalprofession by failing to disclose the allegation of bribery against the Chief Justice of the Republic of Ghana to the Disciplinary Committee of the Judicial Council or any other statutory body for an inquiry.

Count 2

Statement of misconduct

Misconduct in a professional respect, contrary to rule 6(1) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (II. 613) as amended.

Particulars of misconduct

That you, in a preliminary inquiry before the Disciplinary Committee of the General Legal Council voluntarily admitted that you failed to issue any receipts to your former client, Ogyeedom Obranu Kwasi Atta VI for the payment of legal fees thereby committing a professional misconduct.

Count 3

Statement of misconduct

Misconduct in a professional respect, contrary to rule 2(2) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I. 613) as amended.

Particulars of misconduct
That you, in a conversation with your former client, Ogyeedom Obranu Kwasi Atta VI about an alleged judicial manipulation by the Chief Justice of the Republic of Ghana, omitted to defend the reputation of the legal profession, and rather facilitated the commission of the alleged bribery offence by refunding to the Complainant legal fees you were legally and duly entitled to thereby failing to uphold the dignity and high standing of the legal profession.

Count 4

Statement of misconduct

Misconduct in a professional respect, contrary to rule 2(2) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.1. 613) as amended.
Particulars of misconduct

That you, in a preliminary inquiry before the Disciplinary Committee of the General Legal Council voluntarily admitted that in responding to the complaint brought against you by your former client, Obranu Kwasi Atta VI. you forwarded a scanned copy of the said response which had information relating to your representation of the said client to a third party, via social media platform (WhatsApp), thereby failing to uphold the dignity and high standing of the legal profession.

Count 5

Statement of misconduct
Misconduct in a professional respect, contrary to rule 9(7) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.L. 613) as amended.

Particulars of misconduct

That you, in your dealings with your former client, Ogyeedom Obranu Kwasi Atta VI, did not behave with utmost honesty and frankness when in a conversation with the said Complainant about alleged judicial manipulation by the Chief Justice of the Republic of Ghana, facilitated the commission of the alleged bribery offence by refunding to the Complainant legal fees you were legally and duly entitled to.

Count 6

Statement of misconduct

Misconduct in a professional respect, contrary to rule 52 (a) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423).

Particulars of misconduct

That you, in responding to a complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI, made a reckless statement suggesting judicial manipulation by the Chief Justice of the Republic of Ghana which you knew or ought to have known that it was false.
Count 7

Statement of misconduct

Misconduct in a professional respect, contrary to rule 89 (c) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423).

Particulars of misconduct
That you, in responding to a complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI made a reckless statement imputing judicial manipulation by the Chief Justice of the Republic of Ghana, thereby engaging in a conduct that is prejudicial to the administration of justice.

Count 8

Statement of misconduct

Misconduct in a professional respect, contrary to rule 61 (b) (ii) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.1. 2423).
Particulars of misconduct

That you, in your response to a complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI, made a reckless statement imputing judicial manipulation by the Chief Justice of the Republic of Ghana, thereby diminishing public confidence in the administration of Justice.

Count 9

Statement of misconduct
Misconduct in a professional respect, contrary to rule 21 (3) (b) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (LI. 2423).

Particulars of misconduct

That you, in a preliminary inquiry before the Disciplinary Committee of the General Legal Council voluntarily admitted that in responding to the complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI. you forwarded a scanned copy of the said response which had information relating to your representation of the said client to a third party, via social media platform (WhatsApp), thereby making the information relating to your representation of your former client public.

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