General Legal Council charges Kwasi Afrifa with nine counts of misconduct

The disciplinary committee of the General Legal Council (GLC), has charged Kwasi Afrifa, the lawyer at the centre of the alleged US$5 million bribery scandal against the Chief Justice of the republic, with nine counts of misconduct under the Legal Profession Act 1960 (Act 32).

According to the charge sheet of the disciplinary committee of the GLC dated 29 July 2021 and entitled “Inquiry under Section 18 of the Legal Profession Act, 1960 (Act 32), in the conduct of Kwasi Afrifa, Esq”, Lawyer Afrifa is notified that “following preliminary inquiry held by the disciplinary committee of the GLC, a prima facie case of misconduct has been established against you”.

Charges preferred 

Counts one to five according to the charge sheet relate to “misconduct in a professional respect, contrary to rules 6(1), 2(2), 9(7), of the Legal Profession (Professional Conduct and Etiquette) Rules 1969 (LI 613) as amended”.

Counts six, seven, eight and nine concern “misconduct in a professional respect”, contrary to rules 52(a), 89(c), 61(b)(ii) and 21 (3)(b) of the Legal Profession (Professional Conduct and Etiquette) Rules 2020 (LI 2423).

Lawyer Afrifa is expected to respond to the charges preferred against him by the GLC. If found guilty, the beleaguered lawyer is likely to be suspended from practice as a lawyer for at least two years.

Background

Ogyeedom Obranu Kwesi Atta VI dragged his former lawyer Kwasi Afrifa to the General Legal Council, through a petition dated 1 March 2021, to have him sanctioned for his handling of a case involving the petitioner and Ghana Telecommunications Co Ltd, now Vodafone.

Ogyeedom Obranu Kwesi Atta VI in his petition disclosed that Lawyer Kwasi Afrifa, who was handling his case, had asked him to pay a sum of $100,000 which he was going to use for “legal gymnastics” after he paid him GHC300,000 as his engagement fees.

Ogyeedom Obranu Kwesi Atta VI said he realised the lawyer did not use the money for the said “legal gymnastics” and therefore sacked him from handling the case and asked that the monies be paid back to him.

The lawyer is said to have paid $25,000 but has refused to settle the remaining $75,000, and so, after several attempts to retrieve his money, Ogyeedom Obranu Kwesi Atta VI, who is the chief of the Effutu and Gomoa Adjumako Traditional Area in the Central Region, wrote to the General Legal Council to retrieve the cash.

Kwasi Afrifa, in a letter he wrote in response to the complaint filed against him by Ogyeedom Obranu Kwesi Atta, made bribery allegations against the Chief Justice, Kwasi Anin-Yeboah, claiming that his client Ogyeedom Obranu Kwesi Atta told him that the Chief Justice had requested for $5 million from his client in order to determine the case before the Supreme Court in favour of his client.

Response from Chief Justice

Following the allegation of Kwasi Afrifa, the Chief Justice in a letter dated the 12 July 2021 and signed by the Judicial Secretary, Justice Cynthia Pamela Addo, notes: “The attention of His Lordship, the Chief Justice, has been drawn to copies of letters from a Lawyer (Akwasi Afrifa, Esq) and his client, the plaintiff in the matter of OGYEEDOM OBRANU KWESI ATTA IV v. GHANA TELECOMMUNICATIONS COMPANY & LANDS COMMISSION, to the Disciplinary Committee of the General Legal Council, and which letters are making rounds on social media. His Lordship is saddened that without any shred of evidence, his name has been dragged into this sordid and potentially criminal matter.”

The Judicial Secretary’s letter notes further: “His Lordship confirms that he does not know the plaintiff and has not met or seen him anywhere, except in the courtroom when he rises to announce his name when his case is called.

“His Lordship asserts that he has had no personal interaction either with the plaintiff or his lawyer on this matter or in any other matter. His Lordship further asserts that he has not demanded or received any money from any person to influence any decision in this matter or any other matter.”

Stressing further the extent to which the Chief Justice has had any dealing with the parties involved in the case around which the accusations against him are premised, the letter says: “The records show that the plaintiff unsuccessfully petitioned for the recusal of His Lordship the Chief Justice and His Lordship Justice Victor Jones Mawulom Dotse from the matter, on a claim that they were prejudiced against him. The records further show that the Chief Justice was the only Judge on a panel who recently on 31st March 2021 dissented in an application at the instance of the plaintiff Ogyeedom Obranu Kwesi Atta IV in favour of the respondent, Ghana Telecommunications Co Ltd.”

To this end, the Judicial Secretary said: “To ensure that this matter is fully investigated, His Lordship has directed that a formal complaint be made to the Criminal Investigations Department of the Ghana Police Service for investigations and any necessary action. He has further directed that a Petition be lodged with the Disciplinary Committee of the General Legal Council in respect of this specific matter.”

Click on the link below to read the full charge sheet from the General Legal Council 

General Legal Council Charge Sheet against Lawyer Kwasi Afrifa

Wilberforce Asare

Asaase Radio 99.5 – tune in or log on to broadcasts online
Follow us on Twitter: @asaaseradio995
#AsaaseRadio
#TheVoiceofOurLand
#WeLoveOurLand