Setting the Record Straight

Introduction

My attention has been drawn to a document that has been circulating on social media for some days now which says that I have been suspended from legal practice for seven years. The document, described as an Announcement from the General Legal Council, bears no suit number and it is dated 23rd June, 2022 at the Law Courts Building. The said document is under the signature of Justice Cynthia Pamela A. Addo, Judicial Secretary and Secretary to the General Legal Council.

1. No decision has been served on me

I wish to put on record at the outset that, I have not received any such document from the Disciplinary Committee of the General Legal Council or the General Legal Council itself. I have also not received a copy of the decision of the Disciplinary Committee of the General Legal Council given by Chief Justice Anin Yeboah on 23rd June, 2022. The document under reference as issued and published by Cynthia Pamela A. Addo contains misrepresentations and utter falsehood. It is for this reason that I have taken time to set straight the record that has been cooked up and served to the unsuspecting public and the legal fraternity.

2. The members of the disciplinary panel

The disciplinary panel that delivered the decision of the Disciplinary Committee on 23rd June, 2022 was not a three (3) - member panel as stated in the document in circulation. It was a seven (7) - member panel chaired by Chief Justice Kwasi Anin Yeboah. Other members of the Disciplinary Committee present on that day were as follows:

Justice Paul Baffoe-Bonnie, JSC
Justice Nene Amegatcher, JSC
Samuel Okudzeto, Esq.
W.O Boafo, Esq.
Irene Charity Larbi, JA
Peter Zwennes, Esq.

3. The Disciplinary Committee has not given me any decision

By a letter dated 24th June, 2022, I applied for a certified copy of the Committee's decision given on 23rd June, 2022 to enable me advice myself on my constitutional and statutory rights. I have attached a copy of my said letter requesting for a certified copy of the decision as Attachment “1”. Till date, I have not received the said decision. That is why I am surprised, but perhaps, not too surprised, that the Secretary to the General Legal Council, who was not a member of the Disciplinary Committee, could put on social media a notice announcing the decision of a 3-member panel. Of course, the Judicial Secretary works under Chief Justice Kwasi Anin Yeboah, who chaired the 7-member Disciplinary Committee that gave the decision on 23rd June, 2022. Members of the public can, therefore, draw their own conclusions as to why I will be denied my legitimate right to receive a copy of a decision by a panel given against me and yet, the chairman of the panel can cause a notice of the decision to be put on social media through the website of the General Legal Council, of which he is the chairman. One may wonder the motive behind such a move.

4. Complaint made against me by David Morrell

i) Facts about the case

On 16th January, 2015, one David Morrell lodged a complaint against me in his own name before the Disciplinary Committee claiming the following reliefs: a) The production of accurate and complete statement of clients' accounts that shows receipts and disbursements for each action undertaken; b) Further to ensure the repayment of misappropriated amounts in the Takoradi auction disbursement – GH₵128,660; and c) Further to pay over to the client costs awarded to the client in all the hearings.

The Disciplinary Committee referred the complaint to me and I responded accordingly and challenged the capacity of David Morrell to lodge the complaint against me when my client for whom I did legal work was a foreign legal entity called VPS International BV, a company registered and resident in the Netherlands.

ii) Hearings conducted by the Disciplinary Committee

In 2017, the parties (that is David Morrell and myself) were invited to appear before the Committee at three sittings of the Committee held at the premises of Ghana School of Law, Accra. The panel for each sitting was as follows:

23rd February, 2017

Anin Yeboah, JSC (as he then was) – Chairperson, with the other members as: Irene Charity Larbi, JA; Sam Okudzeto, Esq.; W. O. Boafo, Esq.; Peter Zwenness, Esq.; Franklina Adanu, Esq. (Counsel for the committee).

27th April, 2017

Sophia Akuffo, JSC (as she then was) – Chairperson, with other members as: Anin Yeboah, JSC (as he then was); Irene Charity Larbi, JA; Sam Okudzeto, Esq.; W. O. Boafo, Esq.; Peter Zwenness, Esq.; Franklina Adanu, Esq. (Counsel for the committee).

1st June, 2017

I have, for instance, attached a copy of the letter dated 20th April, 2017 inviting me to appear before the Committee on 27th April, 2017 as Attachment “2”.

At the said three sittings of the Committee, I was asked several questions by the members of the Committee, which I answered. I was also asked to present several documents, though the Committee had not charged me with any offence.

5. Case with VPS International BV pending before the High Court

Meanwhile, in November, 2015, a suit was commenced before the Commercial Division of the High Court, Accra, regarding outstanding matters and fees in relation to the legal services I rendered to VPS International BV. That case is still pending at the High Court.

6. Application for an order of prohibition and Contempt proceedings against the members of the Committee

Once I realized the Committee was extracting information and documents from me without any charges made against me, I filed an application for judicial review by way of declarations and an order for prohibition on 6th July, 2017 at the High Court, (General Jurisdiction Division), Accra. In the meantime, Justice Sophia Akuffo was appointed as Chief Justice and she ceased to be the chairperson of the Committee. The Committee members were served with the application for prohibition but they ignored it and issued a letter and hearing notice to me to appear before the Committee on 27th July, 2017 to be charged. I applied for an injunction against further hearing till the determination of the application but the Committee went ahead and wrote a letter and issued further hearing notices to me to appear in October and November, 2017 for hearing. Copies of the letter and hearing notice inviting me for the hearing on 27th July, 2017 are attached as “3” and “4.” I then cited the members of the Committee for contempt of court. Not unexpectedly, the High Court ruled against me in the contempt proceedings. A copy of the ruling is attached as “5.”

7. Records of the Disciplinary Committee's sittings

Meanwhile, by a letter dated 29th June, 2017, I wrote to the Committee requesting for copies of the proceedings of the hearings I attended on 23rd February, 2017, 27th April, 2017 and 1st June, 2017. But the Committee did not extend to me the courtesy of a reply. Then when I instructed my lawyers to represent me in the Committee's proceedings, they also wrote to the Committee requesting certified copies of the proceedings to enable them effectively represent me and assist the Committee for justice to be done. The Committee replied to my lawyers' letter stating that, the proceedings were not ‘captured verbatim’. Till date, no proceedings have been given to me regarding those hearings, though the Committee ordered me to provide documents, which I did under the cover of letters dated 24th April, 2017 and 10th May, 2017, being attachments “6” and “7” respectively.

8. Charges preferred against me by the Disciplinary Committee

It was not until 26th April, 2018, that I was invited again by the Committee to appear before it. On that day, I appeared with my lawyer, they read the charges and I pleaded not guilty to all the charges. I was also given a copy of the 1958 Disciplinary Committee Rules. I was informed that a 3-member panel will be formed to go into the charges. The persons who constituted the Disciplinary Committee on that day were:

Atuguba, JSC – chairperson and the members were: Anin Yeboah, JSC (as he then was); Irene Charity Larbi, JA; W. O. Boafo, Esq.; Franklina Adanu, Esq. (Counsel for the Committee).

The charges were signed by Atuguba, JSC and a copy is attached as “8”.

9. Trial before a 3-member panel

Subsequently, a 3-member panel was formed made up of Anin Yeboah, JSC, Sam Okudzeto and Irene Larbi, JA. I was invited to appear before the panel for hearing on 15th May, 2019 which I did. I was called upon to plead again to amended charges which, in substance, were not different from the earlier charges and I pleaded not guilty to all the charges. I was then given a copy of the amended charge sheet which was signed by Justice Anin Yeboah and the trial started. It is noteworthy that, even though David Morrell was the individual who made the complaint against me, all the charges read were in relation to VPS International BV on the professional work I had done in relation to the five cases I handled for VPS International BV variously at the High Court, Court of Appeal and the Supreme Court.

When the trial started, once again my lawyers challenged the capacity of David Morrell when he had no power of attorney whatsoever from VPS International BV to act on their behalf. In the course of cross-examination of David Morrell, my lawyers withdrew their representation as they were unhappy with some developments during the trial. So, I personally continued with the case.

Meanwhile, Anin Yeboah, JSC was appointed Chief Justice in February, 2020, and for that matter, he became the chairman of the General Legal Council. I requested for him to recuse himself since he could not be chairing the Disciplinary Committee trying any lawyer and at the same time, chair the General Legal Council that will approve any decision of the Disciplinary Committee under the Legal Profession Act. He overruled me and continued chairing the Disciplinary Committee trying me whiles Justice Paul Baffoe-Bonnie chaired another Disciplinary Committee investigating and trying other lawyers.

I completed the cross-examination of David Morrell. After he closed his case, I made a submission of no case to answer and I was overruled. I filed an appeal at the Court of Appeal and an application for stay of proceedings pending appeal. The Court of Appeal dismissed the application and I filed an appeal to the Supreme Court, which is still pending. Thereafter, I was called upon by the Committee to open my defence, which I did and tendered a number of documents in support of my case. Thereafter, the panel adjourned in December, 2021 for the parties to file their written addresses. I filed my written address on 14th January, 2022.

10. The decision or judgment of the Disciplinary Committee

By a hearing notice dated 12th May, 2022, I received an invitation to appear for the Committee's decision on 19th May, 2022, though I had not received the Committee's written address. I had to write to request for the Committee's written address and seek an adjournment by a letter dated 16th May, 2022 attached as “9”. It was after I sent the letter that the Committee's written address stamped as filed on 17th January, 2022 and signed by Bridget Kafui Anthonio-Apedzi, a Principal State Attorney (who has stepped into the shoes of Franklina Adanu as Counsel for the Disciplinary Committee) was served on me under cover of a letter dated 23rd May, 2022 attached as “10”. I later received a hearing notice to appear before the Committee on 2nd June, 2022 attached as “11” and a copy of the proceedings held by the Committee dated 19th May, 2022 attached as “12” saying that “the Respondent is absent today regardless of evidence of notice to her.” The Committee's order did not reflect truly the fact that I had not been served with the Committee's written address and I had, therefore, written to inform the Committee and to seek an adjournment. So, I wrote a letter dated 2nd June, 2022, attached as “13” to correct the erroneous impression created by the Committee's said order of 19th May, 2022.

2nd June, 2022 proceedings

By the hearing notice and order in attachments “9” and “10” respectively, I appeared before the Committee on 2nd June, 2022 for the Committee to give its decision. There were 5 members of the panel present as follows:

Chief Justice Anin Yeboah – Chairman
Justice Paul Baffoe-Bonnie, JSC
Justice Nene Amegatcher, JSC
Justice Irene Charity Larbi, JA
Peter Zwennes, Esq.

The panel did not give its decision as stated in the hearing notice and order under reference. The sitting was adjourned to 23rd June, 2022. I challenge any member of the panel present that day to deny that they were present at the sitting I attended.

23rd June, 2022 proceedings

On 23rd June, 2022, I appeared before the Committee and it was made up of 7 members. These members present were:

Chief Justice Anin Yeboah – Chairman
Justice Paul Baffoe-Bonnie, JSC
Justice Nene Amegatcher, JSC
Justice Irene Charity Larbi, JA
William O. Boafo, Esq.
Peter Zwennes, Esq.
Sam Okudzeto, Esq.

This is what took place at the hearing. Chief Justice Anin Yeboah was seated with Baffoe-Bonnie, JSC as chairmen. Amegatcher, JSC, Irene Larbi, JA, Samuel Okudzeto, Esq and the administrative secretary were seated to the right of the joint heads. On their left was Esi Dentaa Yankah, a State Attorney, followed by W. O. Boafo, Esq. Next to W. O. Boafo, Esq. was Peter Zwennes, Esq.

Chief Justice Anin Yeboah read what he described as the opinion of the panel for almost 40 minutes. I observed that all the members of the Committee, except W. O. Boafo, Esq. and Peter Zwennes, Esq., had copies of the decision read by Chief Justice Anin Yeboah in hand and turned over the pages along with him. After reading the opinion, the Chief Justice said I had been found guilty on 6 out of the seven (7) and that, I was not guilty of the charge of not appearing before the Committee on 6th July, 2017 because the Committee could not prove it.

Chief Justice Anin Yeboah then invited Justice Baffoe-Bonnie to pronounce the sentence. Justice Baffoe-Bonnie then read the sentences as follows:

Count one – seven years suspension from law practice.
Count two – seven years suspension from law practice.
Count three – seven years suspension from law practice.
Count four – seven years suspension from law practice.
Count five – two years suspension from law practice.
Count six – two years suspension from law practice.
Count seven – unproven so no sentence.

Justice Baffoe-Bonnie then added that the sentences will run concurrently.

In the light of the above, the announcement in circulation on social media that a 3-member disciplinary panel has found me guilty of professional misconduct is a misrepresentation and plainly false. It is calculated to give a semblance of legitimacy to the serious violations of the provisions of the Legal Profession Act, 1960 (Act 32) by the Committee which I had had occasion to challenge.

I challenge any of the 7 members of the panel present at the sitting held on 23rd June, 2022 to come forward and deny that they were present, and participated in the proceedings when the decision was given by the Committee.

11. The aftermath of the decision of 23rd June, 2022

As I stated earlier, after the Disciplinary Committee read its decision on that day, I applied for a certified true copy of the decision to enable me exercise my full constitutional and statutory rights irrespective of who made allegations against me and whoever has interest in this matter. I have still not received it. Meanwhile, it is not a secret in legal circles that there are times that tribunals or panels that deliver a very bad decision sit on the decision and fail to release certified copies to affected parties in order to disable and prevent the affected parties from challenging those decisions within statutory deadlines. It is my hope that that is not what is happening as the Disciplinary Committee has taught it fit to cause notice of their decision, which is yet to be released, to be published on social media. In all my years of legal practice, I have never come across or experienced any such situation whatsoever, either in this country or elsewhere. In the circumstances, I have been compelled to file a notice of appeal against the Disciplinary Committee's decision of 23rd June, 2022 since under the Legal Profession Act, 1960 (Act 32), I have 21 days to so. So that by the time I receive the certified copy of the decision, I will not be out of time, thereby permanently preventing me from challenging what I see as a very bad decision tainted with illegalities and irregularities.

Conclusion

It is for the above reasons that I have decided to set the record straight so that the legal fraternity and members of the general public will get to know the other side of the story the Judicial Secretary was made to put out. After all, justice emanates from the people and no one, including the Disciplinary Committee, is above the law. Since the General Legal Council made the publication on social media, many colleagues who have called to find out what exactly happened have expressed their concern and have been wondering whether the turn of events have got anything to do with the contempt proceedings I instituted against members of the Committee, including now Chief Justice Anin Yeboah.

I wish to thank them all and say that, as far as I am concerned, my so-called trial was ill-motivated and full of illegalities and irregularities that flagrantly violated my cardinal and human right to fair trial as enshrined in the 1992 Constitution of the Republic of Ghana. I shall continue to fight this matter to the best of my ability until justice is manifestly seen to be done so that never again should public officers entrusted with transient statutory power see themselves above the law and act contrary to the very statute that constituted them, and the Constitution of the country.

Please, stay tuned. More details will follow as and when necessary.

Francisca Serwaa Boateng, Esq.
6th July, 2022

Supporting attachments

Attachment files associated with this statement are listed below.