• Thu. Aug 4th, 2022

Supreme Court throws out Lawyer Kwasi Afrifa

Mr Kwasi Afrifa’s attempt to have disciplinary proceedings against him by the General Legal Council halted by the Supreme Court was denied (GLC).

Mr Afrifa, a lawyer, is facing nine professional misconduct accusations at the GLC, and he asked the Supreme Court to overturn a High Court decision not to stop the proceedings against him, as well as an order to halt the proceedings at the GLC.

Mr Afrifa argued in front of the Supreme Court that the charges leveled against him were based on a defunct legislation that was no longer in effect.

He also claimed that because there was no complainant in his instance, the GLC lacked jurisdiction to bring disciplinary action against him.

On Tuesday [Feb 8, 2022], a five-member panel of the Supreme Court, headed over by Justice Gabriel Pwamang, dismissed the case on the grounds that Mr Afrifa had failed to persuade the court.

“The applicant has failed to show that he or she is entitled to a writ of certiorari. “We are also unable to stay proceedings at the GLC because the High Court has jurisdiction to do so,” the court stated.

Justices Agnes Dordzie, Gertrude Torkornoo, Clemence Honyenuga, and Yonny Kulendi were also on the panel.

Background

Mr Afrifa’s old customer, Ogyeedom Obranu Kwesi Atta VI of Gomoa Afransi in the Central Region, brought him to the GLC.

Ogyeedom Obranu Kwesi Atta asked the GLC to interfere in his failed attempt to recover $75,000, which was part of a $100,000 cash he reportedly gave to Afrifa in order to help him obtain a favorable ruling from the apex court.

In response to the petition, Afrifa stated that it was Ogyeedom Kwesi Atta who claimed to have seen Chief Justice Kwasi Anin-Yeboah and that the latter had sought a bribe of $5 million to help him win the case.

The Chief Justice, who has subsequently disputed the claim and others, has requested that the GLC’s Disciplinary Committee investigate the allegations. He also reported the incident to the CID of the Police Department for criminal inquiry.

He was charged with nine offenses after the GLC found a prima facie case against him.

Afrifa is also accused of failing to defend the dignity and integrity of the legal profession by failing to report the accusation of bribery against the Chief Justice to the Judicial Council’s Disciplinary Committee or any other statutory body for an investigation.

Again, he is accused of failing to safeguard the legal profession’s image, and instead facilitating the alleged bribery offence when he repaid legal fees he was entitled to while failing to send any receipts to his former client.

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