The High Court presided over by Justice Ruby Aryeetey has thrown out an application filed by a Kumasi based lawyer, AKwasi Afrifa against the General legal Council, and awarded cost of GHC 5,000.00 against him.
The applicant (AKwasi Afrifa) filed an application at the Court seeking inter alia an order quashing the purported July 15, 2021 proceedings of the General Legal Council describing same as wrongful, illegal, contrary to rules of natural justice, bereft of administrative propriety among others.
Also he sought an order prohibiting the Disciplinary Committee of the General Legal Council from embarking on any purported hearing based on the said fundamentally flawed proceedings.
Additionally, an order compelling the GLC to perform its statutory duty in line with mandatory rules prescribed in L.I. 2424.
Moreover an order of injunction restraining the GLC, its agents, representatives etc. from continuing the patent illegality against him.
STATEMENT OF CASE
The applicant averred that on July 8, 2021, he received a letter from the GLC in relation to an alleged complaint against him and duly replied to same and appeared before the Disciplinary Committee of the General Legal Council per an invitation.
Furthermore, the applicant, AKwasi Afrifa notes that it was only when he appeared before the Committee that he got to know that the complainant had responded to his reply but same had not been served on him.
He notes that irrespective of the non-service, the Disciplinary Committee insisted on conducting disciplinary proceedings to determine whether a prima facie case had been established against him.
Additionally, AKwasi Afrifa notes that on July 29, 2021, 9 charges were read to him and he pleaded not guilty to all thus contends that the GLC breached the rules of natural justice, administrative propriety and the Wednesbury principle.
Moreover, the applicant indicates that at the time the purported inquiry was held, he did not know the entire case brought against him to enable him answer adequately.
RESPONDENT’S CASE
On its part, the respondent through its counsels, Nana Yaw Ntrakwah and Paulina Akosua Danso denied the allegations of the applicant arguing that the applicant did not deserve the court’s discretion in his favour and has also not satisfied the grounds for the exercise of the court’s supervisory jurisdiction per his reliefs sought.
In its ruling, the court found and duly noted that the applicant, AKwasi Afrifa had failed to establish that the GLC breached the rules of natural justice, infringed administrative propriety, lacked procedural propriety or went contrary to the Wednesbury principle thus disallowed the applicant’s reliefs and awarded cost of GHC 5,000.00 in favour of the General Legal Council (GLC).
Background
In July this year, the Kumasi based lawyer, AKwasi Afrifa accused the Chief Justice, Kwasi Anin Yeboah of demanding a $5 million bribe from his clients, Ogyeedom Obranu Kwesi Atta IV.
Subsequently, he was invited for interrogation by the CID upon a request made by the Chief Justice per a letter signed by the Judicial Secretary, Justice Pamela Addo.
Also in response to an invitation by the General Legal Council, Akwasi Afrifa alleged that his former clients informed him that the Chief Justice had demanded the said amount for a successful outcome of his case titled: OGYEEDOM OBRANU KWESI ATTA IV V. GHANA TELECOMUNICATIONS COMPANY AND LANDS COMMISSION.
Source: Ashantibiz
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