‘JUDGES & CO’ DRAGGED TO COURT

…A Day After Chief Justice Was Petitioned By FGJ In The Case Of 4 Lawyers! By Our Roving Scouts

Two leading members of the Forum For Governance and Justice (FGJ), Dr. Clement A. Apaak and Dr. Samuel C.K. Buame, have filed a legal suit (Motion On Notice, Ex-Parte) in the High Court of Justice (Fast Track Division) seeking to restrain the General Legal Council (GLC) and its Disciplinary Committee from sitting on the complaint made to them by the Association of Magistrates and Judges of Ghana (AMJG) against four lawyers who had made categorical allegations of corruption against the judiciary.

It will be recalled that at a meeting of the National Executive Council of the AMJG on Friday, May 13, 2011, a formal complaint against four lawyers was made for the attention of the General Legal Council (GLC), as the regulatory authority for the legal profession in Ghana.

“Our requests to the Council are for the assertions made by the lawyers on corruption in the judiciary to be investigated and the critics given the chance to substantiate what they assert”, articulated the AMJG in a communiqué issued to the media.

The four lawyers listed were Dr. Raymond Atuguba, Mr. David Annan, Mr. Abraham Amaliba and Mr. Larry Bimi.

Particular reference was made to allegations and assertions by these lawyers which had been published in the Daily Graphic, New Palaver, The Herald and various websites, copies of which were attached to the communiqué issued to the media. Our information is that a similar package accompanied the formal complaint made to the General Legal Council (GLC) and its Disciplinary Committee.

Subsequent to the filing of the formal complaint on May 18, 2011 and in consonance with the AMJG’s decision that “until this matter has been satisfactorily resolved, judges and magistrates also reserve the right to recuse themselves from hearing cases in which any of those lawyers appears, since Dr. Raymond Atugba has declared to the world at large that: ‘there is nobody in the country who can convince me that judges do not take tribes’”, the Supreme Court, on May 19, 2011 when Dr. Atuguba appeared in court on behalf of his client in the case “Sumaila Brelbrel Vrs Adamu Dramanu & the Attorney-General”, ruled that the case be adjourned for the complaint against Dr. Atuguba to be investigated. That was what was announced in open court to the hearing of all present.

“The unanimous decision of this court is that the case will be adjourned sine die to enable the complaint to be investigated. The court wishes to emphasise that it is anxious to dispose of the case expeditiously. When the parties or their Counsel have the chance, it is urged upon them to take early dates so that the court will sit to dispose of it”, articulated the Supreme Court Panel of Nine (9) members presided over by Brobbey JSC.

It is this decision by the Supreme Court which appears to have got the goat of the Forum For Governance and Justice (FGJ) which has since embarked on a series of public activities including press conferences, radio interviews, collection of solidarity signatures and submission of petitions in solidarity with the four lawyers and against what they (FGJ) perceive as a violation of their (lawyers) fundamental human rights and the Constitution of Ghana.

The FGJ, a day after submitting a petition to the Chief Justice on behalf of the four lawyers, asking her to use her good office to “stop the wanton victimization of the four lawyers…”, “encourage the Judicial Council to set up an independent enquiry inviting members of the public to submit complaints of corruption within the judiciary…” and “initiate credible and reasonable actions to ensure that judicial accountability is entrenched…” among other things, swiftly proceeded to the Court on June 10, 2011, with an application for judicial review under Order 55 of the High Court (Civil Procedure Rules) 2004 (C.I. 47) under which various declarations may be made and prerogative writs issued by the Court by way of judicial review of judicial, quasi-judicial or administrative action.

The applicants in the case (Dr. Apaak and Dr. Buame) are praying for the following reliefs:

*(A) A DECLARATION THAT THE AMJG DOES NOT POSSESS THE LEGAL AUTHORITY TO ENGAGE IN BUSINESS IN GHANA *(B) A DECLARATION THAT ALL THE ACTIVITIES OF THE AMJG AFTER INCORPORATION, INCLUDING THE PURPORTED COMPLAINT SUBMITTED BY IT TO THE GENERAL LEGAL COUNCIL, ARE ILLEGAL AND THEREFORE NULL AND VOID.

*(C) A DECLARATION THAT THE OBJECTS OF THE AMJG ARE ILLEGAL AS CONTRAVENING THE LABOUR LAWS OF GHANA

*(D) A PERPETUAL INJUNCTION AGAINST THE AMJG PREVENTING THEM FROM CONTINUING TO BREACH THE LAW BY OPERATING WITHOUT THE REQUISITE LEGAL AUTHORITY.

*(E) PROHIBITION AGAINST THE GENERAL LEGAL COUNCIL AND/OR THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL PREVENTING THEM FROM PROCEEDING TO ACT ON THE PURPORTED COMPLAINT MADE TO THEM BY AN ORGANIZATION OPERATING ILLEGALLY.

*(F) CERTIORARI TO QUASH ANY PURPORTED DECISION OF THE GENERAL LEGAL COUNCIL AND/OR THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL TO PROCEED WITH THE PURPORTED COMPLAINT OF THE AMJG AND TO QUASH ANY OTHER DECISION TAKEN PURSUANT TO THE DECISION TO SO PROCEED WITH THE COMPLAINT.

*(G) AN ORDER DIRECTED AT THE GENERAL LEGAL COUNCIL AND/OR THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL TO RETURN THE PURPORTED COMPLAINT SUBMITTED TO IT BY THE AMJG TO THE AMJG.

In an affidavit in support of the Motion, the two applicants argued that the AMJG had violated many provisions of the Companies Act, 1963 (Act 179) and that the existence of the AMJG violates Section 79 of the Labour Act, 2003 (Act 651).

They further argued that “in refusing to hear the said lawyer (Dr. Atuguba), the AMJG was embarking on a strike action or a ‘go slow’ in a manner that contravenes the Labour Laws of Ghana”, adding that a search result from the Registrar-General of Companies had shown that “the AMJG is an organization that is operating illegally and does not have the capacity to lay a complaint against the four lawyers at the General Legal Council”. They contended that the AMJG had violated Section 27 Part D of the Companies Act, 1963 (Act 179), which stipulates that a registered company must have a ‘Certificate to commence business’ before it could operate; underscoring that the AMJG had failed to fulfil that requirement.

“That to the extent that the AMJG seeks to urge, direct, or inspire the judges and magistrates of Ghana in their performance of the judicial function, including urging them to recuse themselves as per their complaint dated 18th of May, 2011 (See Appendix A) and as the same was acted upon by some judges as evidenced by Appendix B; then the objects of the AMJG are illegal and contrary to law”, emphasised the two applicants.

The first respondent is the General Legal Council (GLC), the second respondent is the Chairperson of the Disciplinary Committee of the GLC and the third respondent is the Association of Magistrates & Judges of Ghana (AMJG).

The Counsel for the two applicants is Nana Ato Dadzie, a former Chief of Staff during Mr. Rawlings’ Presidency; who is also a leading member of the ruling National Democratic Congress (NDC).

A date for hearing of the application is yet to be fixed. Please stay tuned for further developments.