Kumasi based senior lawyer, Kwasi Afrifa, has asked the Accra High Court to set aside charges of misconduct leveled against him by the General Legal Council (GLC).
Mr Afrifa was said to have asked his (Afrifa) client for $5 million for onward payment to the Chief Justice (CJ), Justice Kwasi Annin Yeboah in return for a judicial favour.
The CJ had since denied every material allegation made by the lawyer and subsequently referred the matter to the GLC.
Following that, the GLC made nine charges including misconduct against Afrifa.
But, Mr Afrifa had stated in his writ filed on August 10, 2021, that he did nothing wrong, neither did he peddle false allegations against Justice Yeboah.
The GLC met a couple of times to decide the fate of the lawyer.
Regarding the first GLC meeting on July 15, Mr Afrifa said he was informed the Chief (his client) had filed another process against him on arrival. Mr Afrifa said he urged the council to adjourn the matter since he had not been served.
This plea, he alleges, was ignored as he was handed the 8-page process, with the hearing taking off shortly after.
Mr Afrifa continued that after this hearing, he was informed that a prima facie case had been established and ordered to appear for a hearing on July 29.
He argued this was contrary to the due process laid out in a plethora of Supreme Court cases about the need for a fair hearing.
Mr Afrifa said he did not get a fair hearing since he was not aware of the case against him hence his inability to respond to it adequately.
He further claimed the GLC did not follow its own rules because of service of processes and these alleged breaches, he believed, made strong case for the High Court to exercise its power to quash the proceedings of the Council.
On the allegations against the Chief Justice, the lawyer explained that he simply repeated exactly what his client had stated, arguing was not reckless or confirmation of truth or otherwise of the allegations.
Mr Afrifa stated that he could not have assessed the truth of what he was told because he was not part of the said meetings.
Mr Afrifa justified his disclosure of this allegation by saying it was necessary to enable him to put up his defence at the General Legal Council.
He said that five of the charges against him are based on Legislative Instrument 613, which he argues has been repealed by Rule 103 of L.I. 2423.
Mr Afrifa said the remaining charges were either repetitive, imprecise, 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 position on his clients complaint at the GLC seeking to recover outstanding sums said to have been paid for “ways and means”, he noted.
BY MALIK SULLEMANA