Lawyer Kwame Fosu-Gyeabour has dragged the General Legal Council to an Accra High Court, general jurisdiction for what he describes as capricious and unconscionable action against his practice.
Joined in the suit are the Chief Justice and the Judicial Secretary.
He is seeking a declaration from the Court to nullify a circular from the Council dated 16th February 2024 copied to all courts in Ghana and published on social media platforms that his license has not been renewed for 2024.
The Plaintiff is also seeking a perpetual injunction restraining the defendants from interfering with his practice among other reliefs including general damages, legal costs and whatever reliefs deemed just by the court.
Fosu-Gyeabour described as unjust the suspension of his practising license and a subsequent public notification, which he said has tarnished his reputation and hindered his professional practice.
In a statement of claim, the plaintiff indicated that since the circular was made, he and his clients have been embarrassed in several courts, causing him and his clients many hardships, anxiety, uncertainty and injuries.
The plaintiff’s grievances stem from a disciplinary action taken by the General Legal Council in April 2023, which led to a twelve-month suspension for breaching Rule 2(2) of the Legal Profession (Professional Conduct and Etiquette) Rule, 1960 (LL, 613), which requires a lawyer to uphold the dignity and high standing of his profession.
According to the plaintiff, despite filing an appeal and being granted a stay of execution by the Court of Appeal, the defendants failed to inform the public of this development, as they had with his initial suspension.
“The actions taken by the General Legal Council and the subsequent public notification have not only been damaging to my reputation but have also infringed upon my rights to practice law, causing undue hardship to myself and my clients,” Fosu-Gyeabour expressed dismay in his a statement of claim.
The Plaintiff noted that the circular issued by the defendants on February 16, 2024, that claimed his license had not been renewed for the year, effectively bars him from practising.
The plaintiff explains, however, that by 3rd January 2024, he had paid all his bar dues and his solicitor’s license fees and had his solicitor’s license renewed by the 1st defendant as No. eGAR 01553/24 for the year 2024.
Plaintiff argues that this move was unlawful, ultra vires, and a breach of the rules of natural justice.
“The issuance of the circular without due process and the false information it contained about my practising license have been both humiliating and injurious.”
“This not only questions the respect for due process and the administration of justice by the defendants but also undermines the authority of the superior courts of Ghana,” Fosu-Gyeabour stated