[dropcap]S[/dropcap]enior Lawyer and a member of the Disciplinary Committee of the General Legal Council (GLC), Mr. Sam Okudzeto; lawyer for the General Legal Council, Mr. Vincent Kizito Beyuo and private legal practitioner, Mr. Ace Anan Ankomah are expected to appear before the Disciplinary Committee of the General Legal Council tomorrow October 26, 2017 over an alleged professional misconduct.
[ads1]The trio was dragged to the GLC by a pressure group, United for National Interest (UNI) and a private citizen of Ghana and civil rights activist, Emmanuel Korsi Senyo in June 2017.
The group and the civil rights activist petitioned the GLC saying some activities of the trio on the internet and social media breached the rules of professional conduct as prescribed in the Legal Profession (Professional Conduct and Etiquette) rules, 1969 (LI613) specifically Rule 2 (1), (2), (3), (4) which prevent lawyers from touting and advertising.
Meanwhile, Mr. Senyo has filed two motions at the General Legal Council last week seeking to prohibit the trio from filling any defense since the 14 days as stipulated in “Disciplinary Process & Procedures” rules has expired. He is also in the second motion seeking the GLC to rule based on the evidence he submitted to back his petitions.
According to the GLC’s rules of disciplinary and procedures, 1, 2, 3, 4, 5, 6 and 7 “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 or her response, The lawyer in question must respond to the petition within 14 days of receipt of the petition, 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, The Disciplinary Committee of the General Legal Council may then invite the parties for the commencement of the formal hearing of the petition, The Disciplinary Committee shall fix a date for preliminary enquiries”
However, according to Mr. Senyo, the regulatory body for the practice of legal profession and education in Ghana, the GLC has violated its own rules of disciplinary procedures by fixing a date to hear the case before it without the compliance to rules 3, 4 and 5 of the “Disciplinary Process & Procedures”.
Mr. Senyo’s petition was following a 3year ban placed on a celebrated human rights lawyer, Mr. Francis-Xavier Sosu who was found guilty by the General Legal Council for touting and advertising on social media.
Read a copy of the GLC’s Disciplinary Process & Procedures as appear on its website:
A petition to discipline a lawyer must comply with the following requirement 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 or her response.
- The lawyer in question must respond to the petition within 14 days of receipt of the petition.
- 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.
- The Disciplinary Committee of the General Legal Council may then invite the parties for the commencement of the formal hearing of the petition.
- The Disciplinary Committee shall fix a date for preliminary enquiries.
- At the preliminary enquiry stage, the complainant is required to be present with or without a lawyer.
- The Disciplinary Committee will then establish whether or not there is a prima facie case to be investigated.
- After the preliminary enquiry stage, there may or may not be a charge.
- If a prima facie case is established, Counsel for the Disciplinary Committee shall then prepare a formal charge.
- After a formal charge is prepared, the Committee shall then set a date for a formal hearing which takes the form of a trial.
- At the formal hearing legal representation is allowed.
- Both parties are permitted to produce evidence if they have any.
- Counsel for the General Legal Council may then cross-examine the complainant.
- Counsel for the complainant can only ask a few questions.
- When the hearings are brought to an end, a date is set for a ruling.
- The Disciplinary Committee will then debate its final draft ruling.
- At the close of proceedings, the draft ruling will be discussed among the members of the General Legal Council, which is then finalized by the Disciplinary Committee.
- A date is then chosen where the ruling is read to the parties.
- A Lawyer has the right to appeal the decision at the Court of Appeal.
Possible sanctions include the following:
- Formal written letter of reprimand
- Order for an oral or written apology
- Suspension
- Disbarrment
