Lawyer challenges suspension by GLC
The General Legal Council (GLC) has suspended a legal practitioner, Mr James Abiaduka, for two years for misconduct but he is challenging the decision.
During the period of suspension, he cannot hold himself out as a legal practitioner or render any professional legal service.
Mr Abiaduka’s licence to practice as a lawyer has subsequently been withdrawn.
However, his lawyers are contesting his suspension in a public notice issued in response to the GLC’s publication of the lawyer’s suspension.
A notice, dated May 10, 2016, issued by Paintsil, Paintsil and Co. and signed by Mr Kweku Y. Paintsil, stated, “We have our client’s instructions to state that he does not accept the decision of the General Legal Council as a correct statement of what exists on record.”
“He, therefore, has every intention of clearing his much-tattered image brought about by this suspension notice,” the notice said.
The suspension
A notice issued on the website of the GLC and signed by the Judicial Secretary, Mr Justice Alex B. Opoku-Acheampong, said: “Notice is hereby given that Lawyer James Abiaduka is hereby suspended from legal practice for a period of two (2) years with effect from 7th April, 2016.”
“The above-named person was formally charged under Rule 9 (7) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.l. 613 for falsely representing to his clients that he was James Agalga Esq., when he knew that the said statement was patently false.”
“During the period of suspension, he shall not hold himself out as a Legal Practitioner or attend Chambers or render or purport to render any professional legal service to any person whatsoever.”
The licence of Mr Abiaduka to practise for the legal year is hereby withdrawn forthwith,” it said.
The James Agalga being referred to in the GLC’s notice is the current Deputy Minister of the Interior.
Rebuttal
But a public notice issued by Paintsil, Paintsil and Co, a law firm, said Mr Abiaduka got wind of his suspension through the GLC’s public notice and a follow up; he requested a copy of the said suspension letter which was eventually furnished him on April 20, 2016.
“Prior to that, the subject matter of the suspension notice had received much agitated and excited publication and republication on most radio and television stations.”
“The same was trending on social media platforms in and outside Ghana,” the notice from the law firm noted.
Client’s image
According to the letter, Mr Abiaduka’s image had been “very much dented and lowered by the said publication and republication and our client considers the same as very much regrettable.”
It said “being aggrieved and dissatisfied with the decision of the GLC, Mr Abiaduka will exercise his right under the law.”
“We have on his instructions lodged an appeal against the decision of the General Legal Council pursuant to section 21 of the Legal Profession Act, 1960 (Act 32).”
“Our client has every intention to pursue the appeal vigorously in the hope of overturning the decision in due course of time,” the letter from the law firm added.
The notice made it clear that Mr Abiaduka had no intention of engaging media personnel over the matter.
It, accordingly, pleaded with the media and the public to respect Mr Abiaduka’s wishes.
