‘$5m CJ bribe’ lawyer sues GLC for flouting rules of natural justice in hearing his case

‘$5m CJ bribe’ lawyer sues GLC for flouting rules of natural justice in hearing his case

Mr Kwasi Afrifa, the embattled lawyer at the centre of the $5m bribery allegation against Chief Justice Anin Yeboah, has sued the General Legal Council in connection with the disciplinary hearing of the Council on 15 July 2021.

Mr Afrifa is praying the high court to set the hearing aside, arguing that meeting was wrongful, illegal and contrary to the rules of natural justice.

Mr Afrifa, who is facing nine charges from the GLC’s Disciplinary Committee following the Council’s preliminary hearing that established a prima facie case against him, contends that Disciplinary Committee engaged in procedural impropriety.

He has prayed the court to stop any meetings of the GLC stemming from its preliminary meeting.

Mr Afrifa, who claimed his former client, Ogyeedom Obranu Kwesi Atta VI, told him the Chief Justice demanded the bribe of $5 million in exchange for a favourable outcome in a case pending at the courts, made the allegation in his response to a petition filed by the chief to the GLC in which the former client demanded a refund of $75,000 from the lawyer, being the remainder of a $100,000 ‘ways & means’ or ‘gymnastics’ money he had parted with earlier.

Both the Chief Justice and the chief have denied the bribery allegation.

The CJ subsequently referred the matter to the CID for a probe.

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 legal profession 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.

 

 

 

 

Source: Ashantibiz

 

 

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