The petition submitted by Daniel Kwame Ofosu-Appiah to the General Legal Council (GLC) against former Attorney-General Godfred Yeboah Dame alleges professional misconduct related to the ongoing criminal case involving Minority Leader Dr. Cassiel Ato Forson and two others. The core of the complaint revolves around an audio recording admitted as evidence, purportedly capturing a private conversation between Mr. Dame and Richard Jakpa, the third accused in the Forson trial. This recording, along with supplementary WhatsApp exchanges between the two men, forms the basis of Ofosu-Appiah’s accusation that Dame breached legal ethics by engaging with a represented party in an active criminal case. Ofosu-Appiah contends that Dame’s actions violate several provisions of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020, specifically citing concerns regarding improper contact with a witness, dishonesty, and conduct potentially prejudicial to the administration of justice.
The petition meticulously details the alleged impropriety of Dame’s communication with Jakpa, emphasizing the ethical implications of such interaction. Ofosu-Appiah argues that by engaging in private communication with a defendant in an ongoing case, Dame potentially compromised the integrity of the legal process and undermined the principle of fair representation. He stresses the importance of maintaining a clear separation between legal professionals and parties involved in legal proceedings, particularly when those parties are already represented by counsel. The petition underscores that such interactions can create the appearance of undue influence or bias, thereby eroding public trust in the fairness and impartiality of the justice system.
Ofosu-Appiah’s petition further elaborates on the potential damage to the administration of justice if such conduct goes unchecked. He argues that allowing legal professionals to engage in private communications with represented parties could create an uneven playing field, potentially disadvantaging one side of the case. This could lead to skewed outcomes and undermine the pursuit of justice. The petition stresses that maintaining the integrity of the legal system requires strict adherence to ethical guidelines, especially by those holding positions of authority like the former Attorney-General.
The petition calls upon the GLC’s Disciplinary Committee to launch a comprehensive investigation into the matter. Ofosu-Appiah requests a thorough examination of the audio recording, the WhatsApp exchanges, and any other relevant evidence to ascertain the nature and extent of Dame’s communication with Jakpa. He insists that the investigation must be conducted impartially and transparently to ensure public confidence in the process. He further requests that the Disciplinary Committee consider the potential ramifications of Dame’s alleged misconduct on the ongoing Forson trial and the broader implications for Ghana’s legal system.
Should the GLC find Dame guilty of professional misconduct, Ofosu-Appiah urges the committee to impose appropriate sanctions commensurate with the severity of the offense. The petition suggests that such sanctions could range from a formal reprimand to suspension from legal practice, or even disbarment in the most extreme scenario. Ofosu-Appiah contends that the gravity of the allegations necessitates a strong response to deter similar conduct in the future and uphold the high ethical standards expected of legal professionals.
The petition concludes by emphasizing the paramount importance of this matter to the nation. Ofosu-Appiah frames the issue as one of crucial public interest, highlighting the need for swift and decisive action to protect the credibility of Ghana’s justice system. He argues that the alleged misconduct of a former Attorney-General undermines public trust in the rule of law and necessitates a robust response to reaffirm the principles of fairness, impartiality, and ethical conduct within the legal profession. He urges the GLC to act expeditiously to address the concerns raised in the petition and safeguard the integrity of Ghana’s legal system.
