The General Legal Council’s (GLC) Disciplinary Committee, has slapped misconduct charges on the lawyer who had claimed that the Chief Justice attempted to extort a $5 million bribe to influence the outcome of a court case.
The lawyer, Kwasi Afrifa, was slapped with nine counts, including his failure to disclose the allegation of bribery against the Chief Justice.
He was also cited for failing to issue receipts to his client following payment of legal fees, facilitating the commission of the alleged bribe by refunding fees he was legally paid, and making a reckless statement against the Chief Justice.
Mr Afrifa is facing disciplinary proceedings after his client, Ogyeedom Obranu Kwesi Atta VI, petitioned the General Legal Council to retrieve $75,000 from him.
The charges followed a preliminary inquiry by the GLC that concluded that a case of misconduct, has been established against him.
Mr Afrifa is facing disciplinary proceedings after his client, Ogyeedom Obranu Kwesi Atta VI, had sought the assistance of the General Legal Council to retrieve $75,000 from him.
Ogyeedom VI alleged that Mr Afrifa had asked for $100,000 to secure a favourable court judgement in the case he was handling.
The bribery allegations came to light in a response dated July 8, 2021, where Mr Afrifa denied the claims by Ogyeedom VI.
He claimed that he was asked to refund $300,000 in legal fees to enable his client to raise a $5million bribe to be paid to the Chief Justice to get a favourable decision in a legal dispute.
The Chief Justice has already come out to deny the allegations and has also petitioned the Director-General of the Criminal Investigations Department (CID) of the Ghana Police Service, to investigate the matter.
Find below the various charges
COUNT 1
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 9(11) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (LI. 613) as amended.
PARTICULARS OF MISCONDUCT
That you, having been informed of alleged unethical conduct in the office of the Chief Justice by your former client, Ogyeedom Obranu Kwasi Atta VI, the Complainant herein, failed to protect the sanctity and integrity of the legal profession by failing to disclose the allegation of bribery against the Chief Justice of the Republic of Ghana to the Disciplinary Committee of the Judicial Council or any other statutory body for an inquiry.
COUNT 2
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 6(1) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (II. 613) as amended.
PARTICULARS OF MISCONDUCT
That you, in a preliminary inquiry before the Disciplinary Committee of the General Legal Council voluntarily admitted that you failed to issue any receipts to your former client, Ogyeedom Obranu Kwasi Atta VI for the payment of legal fees thereby committing professional misconduct.
COUNT 3
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 2(2) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I. 613) as amended.
PARTICULARS OF MISCONDUCT
That you, in a conversation with your former client, Ogyeedom Obranu Kwasi Atta VI about an alleged judicial manipulation by the Chief Justice of the Republic of Ghana, omitted to defend the reputation of the legal profession and rather facilitated the commission of the alleged bribery offence by refunding to the Complainant legal fees you were legally and duly entitled to thereby failing to uphold the dignity and high standing of the legal profession.
COUNT 4
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 2(2) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.1. 613) as amended.
PARTICULARS OF MISCONDUCT
That you, in a preliminary inquiry before the Disciplinary Committee of the General Legal Council voluntarily admitted that in responding to the complaint brought against you by your former client, Obranu Kwasi Atta VI. you forwarded a scanned copy of the said response which had information relating to your representation of the said client to a third party, via social media platform (WhatsApp), thereby failing to uphold the dignity and high standing of the legal profession.
COUNT 5
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 9(7) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.L. 613) as amended.
PARTICULARS OF MISCONDUCT
That you, in your dealings with your former client, Ogyeedom Obranu Kwasi Atta VI, did not behave with utmost honesty and frankness when in a conversation with the said Complainant about alleged judicial manipulation by the Chief Justice of the Republic of Ghana, facilitated the commission of the alleged bribery offence by refunding to the Complainant legal fees you were legally and duly entitled to.
COUNT 6
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 52 (a) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423).
PARTICULARS OF MISCONDUCT
That you, in responding to a complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI, made a reckless statement suggesting judicial manipulation by the Chief Justice of the Republic of Ghana which you knew or ought to have known that it was false.
COUNT 7
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 89 (c) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423).
PARTICULARS OF MISCONDUCT
That you, in responding to a complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI made a reckless statement imputing judicial manipulation by the Chief Justice of the Republic of Ghana, thereby engaging in conduct that is prejudicial to the administration of justice.
COUNT 8
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 61 (b) (ii) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.1. 2423).
PARTICULARS OF MISCONDUCT
That you, in your response to a complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI, made a reckless statement imputing judicial manipulation by the Chief Justice of the Republic of Ghana, thereby diminishing public confidence in the administration of Justice.
COUNT 9
STATEMENT OF MISCONDUCT
Misconduct in a professional respect, contrary to rule 21 (3) (b) of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (LI. 2423).
PARTICULARS OF MISCONDUCT
That you, in a preliminary inquiry before the Disciplinary Committee of the General Legal Council voluntarily admitted that in responding to the complaint brought against you by your former client, Ogyeedom Obranu Kwasi Atta VI. you forwarded a scanned copy of the said response which had information relating to your representation of the said client to a third party, via social media platform (WhatsApp), thereby making the information relating to your representation of your former client public.
