The General Legal Council’s Disciplinary Committee chaired by Justice William Atugubah has on Thursday, October 26, 2017 dismissed a case brought before it against one of its members, Mr. Sam Okudzeto and two other lawyers, Mr. Vincent Kizito Beyuo and Mr. Ace Ankomah over alleged professional misconduct.
[ads1]Mr. Emmanuel Korsi Senyo, following the 3 years ban handed over to the celebrated human rights lawyer, Francis-Xavier Sosu by the GLC on June 1, 2017 for finding the young lawyer guilty of touting and personal advertising on social media has filed a petition against some 30 lawyers including the trio saying they have also breached the same law “touting and advertising” that was used to punish the Mr. Sosu.
However, in less than five minutes without hearing the two motions he filed on the same case about a week before, his petition was dismissed.
“We have reviewed your petitions and the evidence you submitted. We found no case against the defendants. Case dismissed” – Justice Atugubah said in his ruling.
The civil rights activist who stated earlier that he respects the decision of the Committee but disagrees with it has filed the Notice of Appeal this morning at the General Legal Council pursuant to section 21 of the Legal Profession Act, 1960 (Act 32).
Mr. Senyo in his appeal is seeking the Court to reverse the decision of the Disciplinary Committee of the General Legal Council.
In his grounds of appeal, Mr. Senyo argued that “the Disciplinary Committee of the General Legal Council breached the rules of natural justice specifically the audi alteram partem rule by failing to hear the two motions filed by the Appellant before delivering its ruling”
He also said “the Disciplinary Committee erred by not following their own rules of procedure which require that a petition to discipline a lawyer must comply with the following requirements in order to be brought before the disciplinary committee”
Mr. Senyo also hinted he will file for judicial review of the dismissed case since it appears the GLC has violated its own rules in his case which was not what it applied in other cases that were brought before it.
Read the full notice of the appeal
TAKE NOTE that the Petitioner/Appellant herein who is dissatisfied with the decision of the Disciplinary Committee of the General Legal Council, Accra contained in the Ruling of the Committee dated 26th October, 2017, hereby appeals to the Court of Appeal on the grounds set out in paragraph 3 of this Notice of Appeal and will at the hearing of this appeal seek the relief set out in paragraph 4.
And the Plaintiff/Appellant further states that the name and address for service of the person directly affected by the appeal are set out in paragraph 5 herein.
- PART OF THE DECISION COMPLAINED OF:
The whole decision.
3.GROUNDS OF APPEAL:
- That the ruling was against the weight of evidence.
- That the Disciplinary Committee of the General Legal Council breached the rules of natural justice specifically the audi alteram partem rule by failing to hear the two motions filed by the Appellant before delivering its ruling.
- That the Disciplinary Committee erred by not following their own rules of procedure which require that a petition to discipline a lawyer must comply with the following requirements in order to be brought before the disciplinary committee:
- The Petitioner shall present his/her petition against the lawyer in question to the Secretariat of the General Legal Council.
- A copy of the petition shall be given to the lawyer in question for his/her response.
- The lawyer in question must respond to the petition within 14days of receipt of the question.
- The lawyer’s response is then forwarded to the petitioner for his or her comment.
- The petitioner’s comment is also forwarded to the Secretariat of the General Legal Council for onward transmission to the lawyer for his or her further comments.
- Additional grounds will be filed upon receipt of the proceedings.
- RELIEF SOUGHT FROM THE COURT OF APPEAL:
The decision of the Disciplinary Committee of the General Legal Council be reversed.
Source: AwakeAfrica.com
