[dropcap]A[/dropcap] private citizen of Ghana, Emmanuel Korsi Senyo has filled another writ at the Supreme Court of Ghana challenging the constitutionality of General Legal Council’s (GLC) “Guidelines for Lawyers to Create Websites
& Place Their Profile on the Internet” published on its website.
Korsi Senyo in his writ is seeking a declaration that the General Legal Council’s “Guidelines for Lawyers to Create Websites & Place Their Profile on the Internet”, of the Legal Profession (Professional Conduct [ads1]and Etiquette) Rules, 1969 (LI 613) is in violation of Articles 11(7), 23, 296(a) and (b) and 297(d) of the 1992 Constitution.
He augured that since GLC is a statutory body whose operations are backed by a Legislative Instrument (LI), the “Guidelines for Lawyers to Create Websites & Place Their Profile on the Internet” is unconstitutional as it has no LI backing it.
He is therefore praying the court to declare null and void the Notice containing the guidelines.
Background:
The GLC earlier in June banned Francis Xavier-Sosu, a renowned Human Rights lawyer, from practicing as a lawyer for three years, for touting and personal advertisement on social media.
Korsi Senyo and his group, United for National Interest that is pushing for the ban to be lifted on lawyer Sosu describing the it as unlawful has also filed a petition at the General Legal Council against some 30 other lawyers including a member of Disciplinary Committee of the GLC Lawyer Sam Okudzeto for touting and advertising.
It is not yet clear if the writ his filed today is linked to the fact, the lawyers they petitioned against might argue that they owning website is backed by GLC’s “Guidelines for Lawyers to Create Websites & Place Their Profile on the Internet”
Korsi Senyo, the strong legal reform advocate, on Thursday June 22, 2017 filed write at the Supreme Court challenging the constitutionality of some of the operations of the General Legal Council.
On June 30, 2017 which marked the 35th Anniversary the killing of some three supreme court judges, an important on the legal calendar of Ghana as Martyrs Day, addressing a press conference at the Ghana International Press Centre in Accra, his called on the General Legal Council to remove Mr. Sam Okudzeto, one of their own on whom a misconduct petition was filed.
They also stated that they will have no option than go to the law court to secure an application of Mandumus to compile the GLC to hear their petition against lawyer Sam Okudzeto if they fail to do so.
Read the portions of the writ his filed today:
IN THE NAME OF THE REPUBLIC, you are hereby commanded within fourteen days after service on you of the Plaintiff’s Statement of Case, inclusive of the day of service to file or cause to be filed for you, the Defendant’s Statement of Case in an action at the suit of: EMMANUEL KORSI SENYO.
The nature of the reliefs sought are as follows:
1. A declaration that the Defendant’s notice placed on its website on the 12 of June, 2017 with the heading “Guidelines for Lawyers to Create Websites & Place Their Profile on the Internet”, seeking to allow some form of advertising by lawyers without amending or revoking Rule 2 of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (LI 613) is in violation of Articles 11(7), 23, 296(a) and (b) and 297(d) of the 1992 Constitution.
2. A declaration that the Notice containing “Guidelines for Lawyers to Create Websites & Place Their Profile on the Internet” is null and void as same is in violation of Articles 11(7), 23, 296(a) and (b) and 297(d) of the 1992 Constitution.
3. Any other order(s) that this Honourable Court may deem fit to make.
Source: Awake News | Britney Brown | bbrown@awakeafrica.com
