Lawyers of the suspended human rights lawyer, Francis-Xavier Sosu, have stated that the charges preferred against their client are not grounded in law.
According to Samuel Cudjoe, lead counsel, the charge of “grave misconduct has not been defined” per Section 13 of LI 613.
He stated that it was wrong for the General Legal Council (GLC) to charge Sosu with that offence.
Sosu hauled the GLC before the Court of Appeal, seeking to overturn a three-year suspension imposed on him.
The lawyer, in a notice of appeal filed at the court on June 7, 2017, stated that the GLC erred in convicting him because there is no law specifically making overestimation of legal fees a “grave misconduct in a professional respect.”
The human rights lawyer argued that the sentences imposed on him are harsh and excessive.
The lawyer was found guilty of an alleged professional misconduct by GLC.
Motion
Moving the motion to overturn the ruling yesterday, Samuel Cudjoe stated that the decision by the council to ban the lawyer for a year for overcharging and another three years for touting is not backed by law, and had filed an appeal against both the conviction and the suspension.
Samuel Cudjoe stated that the rules are clear on professional misconduct, adding that no lawyer may be charged with any offence not prescribed under the law.
He argued that the charge of grave misconduct cannot be laid, mentioning that “it’s irrelevant whether he pleaded guilty or not”.
Overcharging
Mr Sosu’s lawyer contended that under Section 29 of Act 32, the charge prescribed for over estimation was 20 Gold Coast pounds (currently a penalty fine).
The court presided over by Justice Henry Anthony Kwofie, prior to setting June 26 for ruling on the matter, further heard that Sosu cannot be suspended for overcharging, indicating that the three-year suspension imposed on him is “out of proportion.”
The applicants’ lawyer said Sosu has the right to appeal the decision of the GLC disciplinary committee, which although not a court had the powers of a High Court, stressing that the appeal had to be filed in a “court below”.
Samuel Cudjoe said in the instant case before the court, there was no complainant and that the GLC was “the complainant, prosecutor and the judge”.
He urged the court to exercise its discretion in favour of Sosu, who, he claimed, has no other profession apart from being a lawyer.
Opposition
In opposing the application, Kizito Beyuo, lawyer for the GLC, said the GLC vehemently opposes the application and that the jurisdiction of the court had wrongly been invoked.
Kizito Beyuo stated that the court has no jurisdiction to entertain the application currently before it.
He said the applicant had failed to show that there was a subsisting and valid appeal to get the court’s jurisdiction.
In his view, the court had not been called upon to determine the merits of the applicants’ case.
Kizito Beyuo mentioned, among others, that the applicant ought to satisfy the court that there are special circumstances to warrant the stay.
He stated that the applicant intentionally filed the notice of appeal at the High Court but had appeared at the Appeal Court to appeal the decision of the GLC, arguing that non-filing at the appropriate registry is fatal to the case.
The GLC lawyer said the application ought to be dismissed because it first drops on the court as a court of first instance.
A statement issued by the GLC said, “The disciplinary committee of the General legal Council formally charged Lawyer Sosu under Rule 2(4) of the legal profession (professional conduct and etiquette) Rules, 1969 L.I. 613 and that he; while acting as Council for Torgbui Afede XIV, in a matter between Torgbui Afede and the Chief of Defence Staff, Minister of Interior, Attorney General and another took to Facebook with pictures of the parties and comments on the case to the public with his firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement and touting.”
It further stated, “He was further charged under Rule 2 (4) of the legal profession (professional conduct and etiquette) Rule, 1996 L.I 613 that he; while acting as Counsel for Reynolds Yeboah, in the matter between Patrick Reynolds Yeboah and M.DEX Company Limited in Accra, Ledzokuku-Krowor Municipal Assembly, Accra, took to Facebook posting the writ of summons in the said case and made comments to the public with the firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement.”
In another case, Mr Sosu was said to have charged one Francis Agyare GH¢20,000 extra in legal fees.
The statement mentioned that “Lawyer Sosu was convicted on his own plea of guilty on both counts and was sentenced to a period of three years suspension commencing June 2, 2017 and ending 1st day of June, 2020.”
<<Print>>