Lawyer Kwesi Afrifa has filed a latest suit at the High Court against the Chief Justice, Kwesi Anin Yeboah (1st Defendant), the General Legal Counsel (GLC) (2nd Defendant) and Justice Paul Baffoe-Bonnie, a Justice of the Supreme Court (3rd Defendant), accusing them of abusing their office to punish him for no wrong done.
In his suit filed today the 24th of August 2021, Kwesi Afrifa is praying the court for seven (7) reliefs in total.
Reliefs sought
First, he is asking the court for “a declaration that it is wrongful, illegal impermissible and abusive of the Office of Chief Justice for the 1st Defendant to use the Judicial Secretary of the Judicial Service established under Article 125 of the Constitution, 1992, as an independent arm of government to file a complaint to the Criminal Investigation Division of the Ghana Police Service at the National Police Headquarters, Accra against the Plaintiff in a matter personal to the 1st Defendant”.
Secondly, “a declaration that the conduct of the 1st Defendant in using panel members of the 2nd Defendant to prosecute a personal matter against the Plaintiff constitutes usurpation of a judicial tribunal and an interference in the administration of justice and is prejudicial to the delivery of justice and independence of the said judicial tribunal contrary to his oath of office, the law and best practices befitting the high office of Chief Justice”.
The third relief he is seeking from the court is “a declaration that the Plaintiff’s response to a purported complaint instigated engineered and directed by the 1st Defendant using one Ogyeedom Obranu Kwesi Atta IV as a surrogate dated 1st March, 2021 to the 2nd Defendant is not actionable in law and does not breach any rule of law, practice or prescription”.
Fourth, “a declaration that it is wrongful and abusive of his office for the 1st Defendant to permit, direct and positively encourage his wife to use his official title as part of, or an appendage to, her personal business contrary to the ethics and dignity of the high office of Chief Justice of Ghana”.
fifth, “a declaration that it is unlawful, illegal and unconstitutional for the 1st Defendant not to make a full frank and comprehensive declaration of his assets prior to his vetting and appointment and that his failure so to do is subversive of good governance and an infraction of the Constitution and laws of Ghana”.
The last wo reliefs lawyer Afrifa is asking for from the are “a declaration that the pattern of illegal improper unconstitutional and flagrant disregard for propriety exhibited by the 1st Defendant makes him unfit for the high and exalted office of Chief Justice of Ghana” and “Perpetual injunction restraining the Defendants, their agents, representatives or persons acting at their behest or direction including the Ghana Police Service from interfering with the plaintiff’s inalienable and constitutional rights and freedom of expression as well as an order of injunction restraining the 3rd Defendant from being a part of any panel constituted in relation to all matters between the Plaintiff and the 1st Defendant on grounds of actual and demonstrated bias, prejudice and an intense sense of obligation towards the 1st Defendant which has been demonstrated even in writing”.
Claims of the plaintiff
According to the statement of claim filed by Mr Afrifa (the Plaintiff), he contends “that the 1st Defendant has been directing and controlling the proceedings of the 2nd Defendant through his lifelong friend, the 3rd Defendant as a result of which the 3rd Defendant has been given information privately by the 1st Defendant which information was brazenly used by the 3rd Defendant at the proceedings of the 2nd Defendant”.
The Plaintiff also contends that “it is wrong, morally-dishonest and ethically abhorrent for the Defendants to singularly and in concert resort to the use of evidence not before the 2nd Defendant as the basis for adjudication with a view to damnifying the Plaintiff in a manner occasioning a substantial miscarriage of justice to the Plaintiff”.
“The Plaintiff further states that by compromising its supposed neutrality the 2nd Defendant has dragged one Michael Anin Yeboah unnecessary and needlessly into the fray and has used him as the basis of a formal charge levied against the Plaintiff by the 2nd Defendant”.
He further “contend that the independent and neutral disposition which should indispensably attach to the Defendants in the conduct of their work has been damaged irreparably thus negating the object duty and performance of public responsibility in a manner destructive of public confidence and trust which should ordinarily attend their activity and/or positions”.
“The integrity, stainless transparency and honesty which should be central and integral to the activities of the Defendants particularly the 2nd and 3rd Defendants in the present circumstance is lost and in its place has been erected a pernicious pillar of seamless, unrelenting and unmitigated conflict of interest and unabashed prejudice and a desire to crucify the Plaintiff and deprive him the use and benefit of the only profession he knows” Mr Afrifa further claimed in his statement.
Mr Afrifa additionally posits that “the 3rd Defendant has demonstrated beyond argument actual and gross bias and resentment towards the Plaintiff immersed in deep seated, incurable aversion for the person, personality, style, mojo, oomph and impeccable disposition” of him, the Plaintiff.
Background
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, if found guilty, is likely to be suspended from practice as a lawyer for at least two years.
Foundation of the case
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.”
Wilberforce Asare
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