– The case was an appeal from a decision of a disciplinary committee constituted under the Legal Profession Act, 1960 (Act 32), which found the appellant, Aboagye De Costa, guilty of grave professional misconduct and suspended him from practice for one year¹.
– The appellant was a lawyer who had a friendship with one Nana Bosompem, the complainant. The complainant alleged that he had given the appellant money and instructions to handle various legal matters for him, but the appellant had failed to do so. He also accused the appellant of acting against his interests in some cases¹.
– The appellant denied the allegations and claimed that he had only given legal advice to the complainant on a few occasions, without any formal retainer or obligation. He also challenged the validity and admissibility of some evidence presented by the complainant¹.
– The disciplinary committee found the appellant guilty of four charges of professional misconduct, namely: (a) failing to account for money received from the complainant; (b) failing to act diligently and faithfully for the complainant; (c) acting against the complainant’s interests in some cases; and (d) making false and misleading statements to the committee¹.
– The appellant appealed to the Court of Appeal, arguing that the disciplinary committee had erred in law and fact in its findings and order. He also sought a stay of execution of the order pending the appeal¹.
– The Court of Appeal, per Francois J.S.C., dismissed the appeal and affirmed the decision of the disciplinary committee. The court held that there was sufficient evidence to support the charges against the appellant and that the disciplinary committee had acted fairly and properly in its proceedings. The court also refused to grant a stay of execution, as it found no merit in the appeal¹.
– The relevance of the case is that it shows how the legal system in Ghana deals with the issue of professional ethics and discipline among lawyers, especially in relation to their duties to their clients and to the court. It also illustrates how the courts review and uphold the decisions of the disciplinary committee, which is an independent body established under the Legal Profession Act.
(1) ABOAGYE DA COSTA V. DISCIPLINARY COMMITTEE OF GENERAL LEGAL COUNCIL …. https://lite.judy.legal/amp/case/aboagye-da-costa-v-disciplinary-committee-general-legal-council-bab37.
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