A legal practitioner, Kwame Fosu-Gyeabour has filed a Writ at the High Court, challenging the decision of the General Legal Council (GLC) to prevent him from having access to the courts to practice his trade as a lawyer.
He said his suspension is unlawful, illegal, irregular, ultra vires, unfair, capricious, unconscionable, unconstitutional and also in breach of the rules of natural justice.
In his Statement of claim, Mr. Fosu-Gyeabour stated that on 20th April 2023, he was convicted and sentenced by suspension from practicing as a lawyer from the 1st May 2023 for a period of twelve months by the disciplinary committee of the General Legal Council.
According to the Plaintiff, even before he could be served or obtain a copy of the decision of the General Legal Council, the Council on 1st May 2023, which was a public holiday, wrote a public notice containing the content of the Plaintiff’s sentences and released same by various social media platforms on May 2nd, 2023.
The General Legal Council on their notice released to various social media platforms banned the Plaintiff from entering his law office when the Decision of the General Legal Council on 20th April, 2023 did not state so.
The Plaintiff also averred that on the 26th April 2023, he filed an appeal against the Decision of the Council to the Court of Appeal to have the decision of the Council set aside and subsequently filed a motion on notice for stay of execution and suspension of his sentences on May 2, 2023 at the Court of Appeal, pending the determination of the Appeal.
The Court of Appeal on 23 May 2023, heard the Plaintiff’s motion for stay of execution and granted same by staying the sentence imposed on him, pending the determination of his appeal to the Court of Appeal.
Despite the stay granted by the Court of Appeal, the defendants failed to communicate same to the public as it did communicate plaintiff’s suspension to the general public despite a request from the plaintiff to the defendants.
The General Legal Council subsequently filed a motion invoking the supervisory authority of the Supreme Court to quash the ruling of the Court of Appeal dated May 2nd, 2023 staying or suspending plaintiff’s sentence pending the determination of the appeal.
It was revealed that the Supreme Court in its ruling on 7 February 20124, dismissed the application by the defendants and by the January 3, 2024, the Plaintiff paid all the dues and his solicitor’s license fees and had his solicitor’s license renewed by the Defendants as No. Egar01553/24.
The Plaintiff said, on 16th February 2024 the defendants by a circular to all courts in Ghana in the social media platforms, stated that the plaintiff’s license has not been renewed for this year 2024.
The circular purportedly nullified all orders plaintiff might have obtained in court for the year and directed all courts not to grant plaintiff audience until further notice from the defendants.
The plaintiff said he was not copied in the circular and was not served with same but only obtained a copy from the social media after his attention was drawn to it by clients and colleagues.
He indicated in the statement of claim that the defendants have no power to nullify the orders of courts of competent jurisdiction, and that their circular is unlawful, unfair, and capricious.
Mr. Fosu-Gyeabour is thus seeking for a declaration that a circular issued by the Defendants, dated 10th February, 2024 is false, unlawful, illegal, irregular, ultra vires, unfair, capricious, unconscionable, in breach of the rules of Natural Justice, unconstitutional and therefore a nullity.
He is also calling for an order setting aside the said circular issued by the Defendants and a Perpetual Injunction restraining the Defendants, their agents, assigns, officers or any persons authorized by them from preventing the plaintiff from having access to the courts to practice his trade as a lawyer without due process or having unlawfully interfering in any manner the plaintiff’s practice as a lawyer and operation of his law firm.
