The Disciplinary Committee of the General Legal Council (GLC) has preferred no less than nine professional misconducts against Kumasi-based Lawyer Kwasi Afrifa, who is being accused by a former client of his to have allegedly collected money in order to influence a case pending before the Supreme Court.
Ogyeedom Obranu Kwesi Atta VI of Gomoa Afransi in the Central region, Afrifa’s former client, has petitioned the GLC to intervene in his failed attempt to retrieve an amount of $75,000, being part of a $100,000 sum he had allegedly given to Afrifa who had requested for it to enable him to procure a favourable verdict from the apex court.
Afrifa in response to the petition had indicated that it was Ogyeedom Kwesi Atta rather who had claimed to have met the Chief Justice, Kwasi Anin-Yeboah and that the latter had demanded a $5 million bribe to help him win the case.
The Chief Justice who has since denied the allegation and others, petitioned the Disciplinary Committee of the GLC to investigate the allegations, and he also reported same to the police CID for criminal investigation.
The Disciplinary Committee, among other professional misconduct charges, says Lawyer Afrifa’s statement was reckless and imputed judicial manipulation by the Chief Justice, thereby diminishing public confidence in the administration of justice, and that he knew or ought to have known that the reckless statement suggesting judicial manipulation by the Chief Justice was false.
Afrifa also faces the charge of having failed to protect the sanctity and integrity of the legal profession when he failed to disclose the allegation of bribery against the Chief Justice to the Disciplinary Committee of the Judicial Council or any other statutory body for an inquiry.
Again, he failed to defend the reputation of the legal profession and rather facilitated the commission of the alleged bribery offence when he refunded legal fees he was entitled to, and at the same time failing to issue any receipts to his former client.
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 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.