The Ghana Institute for Public Policy Options has written to the Ghana Bar Association requesting the Association to refer two lawyers to the General Legal Council for remarks they made deemed contemptuous of the country's judiciary.
A letter dated 4th September 2013 and signed by Chief Policy Analyst of the Institute, Dr. Charles Wereko-Brobby, said the comments by Tsatsu Tsikata and Gabby Otchere Darko, "provides sufficient grounds and basis for misconduct and unprofessional behaviour by both lawyers.
The two made their comments after a nine-member panel of judges dismissed a presidential election petition filed by three stalwarts of the NPP pleading the Supreme Court to unseat John Mahama of the NDC who was declared the winner of the 2012 presidential polls. The NPP alleged massive electoral fraud cost their candidate Nana Akufo-Addo the presidency.
Mr. Tsikata who was counsel for the NDC during the petition hearing, singled out Justice Kwasi Anin Yeboah for criticism, accusing the judge of allowing his political leanings to the opposition New Patriotic Party to cloud his judgment.
Gabby Otchere Darko, Executive Director of the Danquah Institute and a member of the NPP on the other hand, said the decision of the judges was corrupt and farcical.
The letter has been fully reproduced below
THE GHANA INSTITUTE FOR PUBLIC POLICY OPTIONS
4 SEPTEMBER 2013
THE PRESIDENT THE GHANA BAR ASSOCIATION ACCRA, GHANA
REQUEST FOR REFERRAL OF MESSRS TSATSU TSIKATA & GABBY OTCHERE DARKO TO THE GENERAL LEGAL COUNCIL
We write to request your action on recent comments by Messrs Tsatu Tsikata and Gabby Otchere-Darko and for possible reference of the same to the General Legal Council in line with your recent public declaration to “refer lawyers who misconduct themselves to General Legal Council for disciplinary action to be taken against them”.
It is our view that the various comments made by Mr., Tsatu Tsikata on Justice Anim-Yeboah and those of Mr. Gabby Otchere-Darko on the integrity of the overall judgement of the court, provide sufficient grounds and basis for misconduct and unprofessional behaviour by both lawyers.
We also believe that the insistence of both Mr. Tsikata and Mr. Otchere-Darko on the validity and merits of their comments, and their flat refusal to withdraw them or apologise to the Court, do provide additional compelling grounds for the intervention of both the Ghana Bar Association and the General Legal Council to interrogate this matter and take appropriate actions to maintain sanity, decorum and above all the highest standards of professional conduct and upholding the rule of law in Ghana.
It is our assessment that the comments made by the said persons fundamentally violates their ethical responsibilities as lawyers and officers of the court and the same ought to be redressed.
we thank you and stand ready to provide whatever assistance and support you and the General Legal Council many require from us to commence and conclude the investigation in the shortest possible time
Your Faithfully Still in the Service of Ghana signed Charles Wereko-Brobby (Dr)
CC: The General Legal Council, Ghana