Information gathered by Awake News indicates that the National Investment Bank (NIB) after a disagreement with Mr. Tsatsu Tsikata who represented the bank in its case against Standard Bank Offshore Trust Company Limited changed solicitor without a prior consent of Mr. Tsikata.
[ads1]According to sources, the bank disagrees with Mr. Tsikata was over his legal fees after he had won the case. The bank then contracted the President of the Ghana Bar Association (GBA), Mr. Benson Nutsukpui.
Mr. Nutsukpui also allegedly filed for the change of solicitor without the prior consent of Mr. Tsatsu Tsikata in accordance with section 19 (3) of the Legal Profession Act 1960 (Act 32).
This resulted in a dramatic scene at the Supreme Court yesterday when the Deputy Managing Director of NIB, Alfred Thompson interrupted Mr. Tsikata when he stood to move a motion he [Mr. Tsikata] had earlier filed at the court on behalf of the bank.
Mr. Alfred Thompson told the court that the NIB Board, chaired by Togbe Afede, President of National House of Chiefs had taken a decision to replace Mr. Tsikata and that Mr. Tsikata does no longer represent the bank.
The Chief Justice then asked Mr. Thompson to sit down as Mr. Tsikata was already on his feet to continue with the motion he had filed somewhere in October last year on behalf of the bank.
The Supreme Court panel chaired by Chief Justice Sophia Akuffo, with Justices William Atuguba, Julius Ansah, Sophia Adinyira, Jones Dotse, K. Anin Yeboah and A.A. Benin assisting told Mr. Tsikata that the court had received ‘an eleventh-hour notice’ from the bank for change of a solicitor.
Mr Tsikata, who appeared to be very embarrassed, tried to move the motion he filed but was reminded by Justice Benin that once there is a change in solicitor, it goes with everything and since the application is officially filed, “you cease to act as counsel.”
The Chief Justice then noted that the situation was rather a “peculiar one” and added that “it is a matter of due diligence between the solicitors but has rather ended up in the court and the court cannot overlook it.”
“So we will not even allow the other counsels to announce themselves.” – The CJ said
The court has since been adjourned to Tuesday, January 23, 2018 to enable Mr. Tsikata, the new solicitors and the bank to resolve the problems.
GLC’s action on the rule of change of solicitors:
The General Legal Council (GLC) has on November 24, 2017 banned two lawyers, Kwame Amoako and Charles Owusu Juanah from the same law firm, K-SAN Law for breaching the rules of the legal profession.
The two lawyers, K-SAN Law firm led by Mr. Juanah were both found guilty of misconducts in a case involving KASAPA Ltd.
According to notices of the suspension published by the Council on its website, Friday, November 24, 2017, Kwame Amoako and Charles Owusu Juanah have both been suspended from legal practice for a period of two years commencing from November 24, 2017. ’
According to the Council, the two lawyers were charged with one count under Rule 9 (4) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 as follows:
Count 1: On Kwame Amoako the Council indicated that as a lawyer at K-SAN Law Firm, filed a Notice of Change of Solicitors and issued a writ on behalf KASAPA Ltd without due consent and instructions from the said KASAPA Ltd. He was further charged with a second count under Rule 5 (6) (a) (b) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613.
Count 2: That he as a lawyer failed to seek the prior consent of the solicitor on record, Messrs Bentsi Enchill, Letsa & Ankomah before appearing on behalf of KASAPA Ltd in a pending case.