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Tag: Professional Misconduct

  • GLC Petitioned To Probe Godfred Dame Over Judicial Misconduct 

    GLC Petitioned To Probe Godfred Dame Over Judicial Misconduct 

    A private citizen has filed a formal complaint of professional misconduct against Ghana’s former Attorney-General and Minister for Justice, Mr. Godfred Dame, urging the General Legal Council (GLC) to launch an urgent investigation into alleged unethical behavior during a high-profile criminal trial.

    Daniel Ofosu-Appiah, the petitioner, claimed that the former Attorney-General engaged in actions that violated multiple provisions of Ghana’s legal ethics code. 

    His complaint stems from the criminal trial involving Hon. Cassiel Ato Forson, where Mr. Dame is alleged to have interfered in ways that compromise the impartiality and integrity of the judicial process.

    Central to the petition is the admission into evidence of a private audio recording involving Mr. Dame and the third accused in the case, Mr. Richard Jakpa. 

    The recording was accepted by both the trial court and the Court of Appeal—giving the matter significant judicial weight.

    “The contents of this recording reveal Mr. Dame attempting to influence the testimony of Mr. Jakpa in a manner that interferes with the judicial process, compromises prosecutorial impartiality, and undermines the constitutional right to a fair trial under Article 19(2) of the 1992 Constitution.” 

    Daniel Ofosu-Appiah

    Ofosu-Appiah argued that the court’s acceptance of the recording transforms the issue from mere allegation into a case of confirmed judicially recognized conduct, which demands immediate professional scrutiny. 

    He drew attention to a ruling delivered by Her Ladyship Justice Afia Serwah Asare-Botwe on June 13, 2024, admitting the recording into the court record as relevant evidence.

    GLC petitioned on Godfred Dame

    Moreover, Mr. Jakpa, while under oath and cross-examination, told the court that he had met Mr. Dame on four separate occasions at a private residence. 

    He further testified that they exchanged WhatsApp messages—some of which involved the Attorney-General requesting documents. 

    These interactions allegedly occurred during the pendency of the criminal case, without the knowledge or participation of Mr. Jakpa’s legal counsel.

    Godfred Dame Cited For Ethical Violations

    Furthermore, Mr. Daniel Ofosu-Appiah argued that the former Attorney-General’s conduct constitutes professional misconduct by a public officer and stands in direct violation of several critical ethical provisions outlined in the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423). 

    The complaint asserted that Mr. Dame failed to uphold the expected standards of honesty, integrity, and professionalism, thereby breaching Rule 1(c). It also accused him of engaging in behavior characterized by deceit or misrepresentation, which is prohibited under Rule 8(1). 

    Ato Forson_Godfred Dame

    Additionally, by communicating directly with a party who was already legally represented, and doing so on matters related to the case, he is alleged to have violated Rule 13(1)(a) and (b). The attempt to improperly influence a witness or sway the outcome of judicial proceedings is cited as a breach of Rule 54. 

    His actions, according to the petition, risk discrediting the legal profession itself, which contravenes Rule 61. 

    Furthermore, by interfering with an ongoing trial in this manner, he is accused of compromising the administration of justice, contrary to Rule 76(2)(a). Finally, the complaint underscored that any violation of these provisions, as stated in Rule 89(a), amounts to professional misconduct.

    The complaint also cited Rule 9(4) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I. 613), which reinforces the prosecutorial obligation to maintain fairness at all stages of legal proceedings.

    Quoting Section 16 of the Legal Profession Act, 1960 (Act 32), Ofosu-Appiah noted that the Disciplinary Committee is empowered to impose a wide range of sanctions—reprimand, suspension, or outright removal from the roll of lawyers—if misconduct is confirmed.

    “Given the nature of the conduct and the seniority of the lawyer involved, I respectfully urge the Committee to consider this matter with the utmost seriousness and in accordance with the law and ethical standards.”

    Daniel Ofosu-Appiah
    Jakpa and Godfred Dame
    Richard Jakpa, NIB House Search Team Lead

    The complaint accused Mr. Dame of compromising public trust in the justice system, citing that his interactions with the accused, conducted off the record and without legal oversight, strike at the heart of judicial independence.

    “His [Godfred Dame] actions have undermined public confidence in the legal profession and the justice system, and they constitute a clear breach of the rules governing lawyers in Ghana.”

    Daniel Ofosu-Appiah

    The petitioner insisted that this matter is not a personal grievance, but one made “in the public interest and fulfilment of my constitutional obligation as a citizen.”

    In closing, Ofosu-Appiah called upon the Disciplinary Committee of the General Legal Council to fully investigate the complaint and apply appropriate disciplinary actions as warranted under law.

    With such a high-profile figure at the center of a growing ethical storm, all eyes are now on the General Legal Council to determine whether Ghana’s legal system can hold even its most senior officers accountable when allegations of professional misconduct arise.

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  • A-G’s Misconduct in Ambulance Trial Sparks Call for Formal Probe

    A-G’s Misconduct in Ambulance Trial Sparks Call for Formal Probe

    The allegations of professional and ethical misconduct by Richard Jakpa, the third accused person in the Ambulance trial against the Attorney-General and the recent release of a tape by the National Democratic Congress (NDC) have sparked widespread concerns and debates over the conduct and the integrity of the Attorney-General and Minister of Justice, Godfred Yeboah Dame.

    The revelations in the tape have led to calls by several well-meaning Ghanaians for the Attorney-General’s resignation or removal.

    The alleged misconduct of the Attorney-General, Godfred Yeboah Dame, detailed in the tape in the view of many critics not only questions the ethical standards of the office he occupies but also raises critical questions about the administration of justice in the country.

    In the wake of the public debates on the matter, prominent voices in the legal fraternity have emphasized the necessity for a formal investigation to ascertain the facts and ensure justice.

    Among these voices is Samson Lardy Anyenini, a respected private legal practitioner, who has long advocated for a formal process to interrogate and resolve the issues at hand.

    Mr Anyenini, in his commentary on the controversial matter, argued that leaving the matter to the political machinations of the National Democratic Congress and the New Patriotic Party could undermine the pursuit of justice in the controversial matter.

    ” I would prefer for a formal or institutionalized process or a panel that will go through this matter and answer those questions. The panel should answer the rule that said a prosecutor shall not coach or encourage a witness which is false. Did they see anything like this happening in the tape?

    “The rules also say a lawyer shall not suggest or advise a witness, did they find it happening in the tape? As I have said over time, to get to a fruitful end in this matter, there ought to be a formal process that formally interrogates this thing and brings us the result, so that it is not left to the NDC and NPP to be as it was, be exchanging words”.

    Samson Lardy Anyenini, Private Legal Practitioner

    He recounted that even though the information on the tape has clarified certain previously denied or partially denied allegations by the Office of the Attorney-General, a formal inquiry is essential for a comprehensive resolution of the matter.

    Such a process, according to Mr Anyenini, would serve the interests of all parties involved, including the Office of the Attorney-General and the broader criminal justice system in the country.

    A-G’s Refusal to Accept Plea Bargaining

    The renowned legal practitioner also raised a crucial point regarding a plea offer made by one of the accused in the trial, thereby questioning the rationale behind the Attorney-General’s rejection of a €2 million plea bargain offer in a case involving a sum of almost €2.4 million.

    “What would be the basis to reject that plea offer? I think the Attorney-General owes us an explanation as to why it refused to accept the plea bargain offer because it is the money that you and I are interested in”.

    Samson Lardy Anyenini, Private Legal Practitioner

    Mr Anyenini further emphasized that while criminal prosecution may lead to jail terms and deterrence, the plea process exists for good reason and merits consideration, particularly in cases involving significant financial recovery.

    Samson Lardy Anyenini, Private Legal Practitioner

    Echoing Mr Anyenini’s call for a formal probe, Professor Kwadwo Appiagyei-Atua, an Associate Professor at the School of Law, University of Ghana, Legon, also underscored the need for a thorough investigation in to the matter.

    He pointed out that the tape released by the NDC, while clarifying some issues, raises further questions that only a formal inquiry can address adequately.

    “The tape that was played by the NDC makes some of the issues that were hanging now a bit clearer but still raises more questions than the answers that we are seeking.

    “I mean Samson is right to say we need to conduct a formal probe into the matter to get to the bottom of it because what we have is still not very clear, as you can see the ball has been thrown to the two political parties, the NPP and NDC in different directions to score a political point, hence there is a need for a formal probe”.

    Professor Kwadwo Appiagyei-Atua, Associate Professor at the School of Law, University of Ghana, Legon

    He concurred with Mr Anyenini’s view that the current situation, with political parties using the issue to score points, necessitates an impartial and formal probe.

    Professor Appiagyei-Atua also expressed concern about the Attorney-General’s actions as depicted in the tape, which suggests attempts to influence testimony and potentially obstruct justice.

    He asserted that the Office of the Attorney-General in his view has been tarnished, emphasizing that from the tape it was clear that the Attorney-General was trying to influence the third accused person in the Ambulance trial, Mr Jakpa, to coerce him or find a way to alter Mr Jakpa’s evidence to allow him [the AG] to nail the first accused [Dr Ato Forson].

    He further pointed out that Mr Dame’s alleged dubious advice to Mr Jakpa to avoid court appearances is very damaging to the credibility of the Office of the Attorney-General.

    In conclusion, the statements from Samson Lardy Anyenini and Professor Kwadwo Appiagyei-Atua underline the urgent need for a formal probe to investigate these allegations thoroughly.

    Such an inquiry as earlier intimated by the two is crucial not only for resolving this particular case but also for upholding the integrity of the Office of the Attorney-General and ensuring the proper administration of justice in Ghana.

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