AMARFIO v. GENERAL LEGAL COUNCIL
1991
COURT OF APPEAL
GHANA
CORAM
- OSEI-HWERE J.S.C.
- AMPIAH
- ADJABENG JJ.A
Areas of Law
- Administrative Law
- Evidence Law
1991
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, a lawyer, was charged by the disciplinary committee of the General Legal Council for grave misconduct for causing an allegedly misleading advertisement to be published concerning the membership of individuals in the Adjiwate family. The disciplinary committee found him guilty and suspended him from practice for six months. The appellant appealed, arguing that his statements were either true or permissible opinions. The court allowed the appeal, holding that the statement did not contradict the court's findings and that grave misconduct was not sufficiently defined by the Act or its rules to support the charges.
JUDGMENT OF OSEI-HWERE
Section 16(1) of the Legal Profession Act, 1960 (Act 32) provides that a lawyer who has been guilty of grave misconduct in a professional respect (including any conduct which, in pursuance of rules made by the General Legal Council under Part III of the Act, is to be treated as grave misconduct in a professional respect), shall be liable either to have his name struck off the roll of lawyers or to be prohibited from practising as a lawyer for a period specified in the order suspending him. Part III of Act 32, of course, relates to discipline. Section 23 of Act 32 also provides that the General Legal Council may prescribe standards of professional etiquette and conduct for lawyers, and may by rules made for that purpose direct that any specified breach of the rules shall for the purposes of Part III of the Act constitute grave misconduct in a professional respect.
[p.483]
The disciplinary committee of the General Legal Council derives its authority to receive, investigate and decide on complaints relating to the conduct of a lawyer under Act 32. The rules prescribing standards of professional etiquette and professional conduct for lawyers formulated in pursuance of sections 23 and 53 of Act 32 are contained in the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I. 613). On 18 October 1988 the disciplinary committee of the council notified the appellant of the following charges:
“COUNT 1
Statement of Misconduct
Grave misconduct in a professional respect contrary to section 16 of the Legal Profession Act, 1960 (Act 32).
PARTICULARS OF MISCONDUCT
For that you Willie Amarfio, a lawyer, caused to be published an advertiser's announcement in the People's Daily Graphic of Saturday, 21 May 1988 to the effect that: ‘A.E. Norteye and his associates are not members of the Adjiwate family as they do not descend from the founder of the Adjiwate (Omaboe) We’, a statement which you knew was not true and calculated to mislead the public, inasmuch as in the civil suit No. Trs. 9/81 between the plaintiff, Nii Okwei Omaboe, and the defendants A.E. Norteye and Others in which you appeared as counsel for the plaintiff, the High Court in its judgment dated 29 February 1984 found that A.E. Norteye and J.A.N. Osuteye (the first and the second defendants) were descendants of the said Adjiwate family by blood
COUNT 2
STATEMENT OF MISCONDUCT
Grave misconduct in a professional respect, contrary to sections 23 and 53 of the Legal