FRANCIS –XAVIER SOSU vs. GENERAL LEGAL COUNCIL [2017]DLCA4749

Date	2017-12-06
Suit No.	CIVIL APPEAL SUIT NO: H3/55/18 AND H3/56/18
Citation No.	[2017]DLCA4749

F. G. KORBIEH JA (PRESIDING)

B. ACKAH-YENSU JA

I. O. TANKO AMADU JA

SAMUEL CODJOE FOR APPELLANT/APPLICANT

KIZITO BEYUO FOR RESPONDENT/RESPONDENT

[2017]DLCA4749
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													<main id="main" class="content" style="min-height: 60rem" >FRANCIS –XAVIER SOSU <o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>GENERAL LEGAL COUNCIL <o:p></o:p>(RESPONDENT)<o:p></o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL
APPEAL SUIT NO: H3/55/18 AND H3/56/18&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 6TH
DECEMBER, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>SAMUEL CODJOE FOR
APPELLANT/APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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KIZITO
BEYUO FOR RESPONDENT/RESPONDENT <o:p></o:p>

F.
G. KORBIEH JA (PRESIDING), B. ACKAH-YENSU JA, I. O. TANKO AMADU JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">RULING<o:p></o:p>

</div>ACKAH-YENSU, JA<o:p></o:p>This Ruling is in
respect of two (2) applications for a reversal of the decision of a Single Justice
of the Court of Appeal in two separate suits, namely; Suit No. H3/55/2017 and;
H3/56/2017.&nbsp; Both suits bear the same
title.&nbsp; Suit No. H3/55/2017 however is in
respect of the decision of the Disciplinary Committee of the General Legal Council
dated 1st June, 2017 regarding the charge of touting and personal
advertisement. Suit No. H3/56/2017, on the other hand, is in respect of the charge
of over estimation of legal fees.<o:p></o:p><o:p>&nbsp;</o:p>These are the
antecedents of this case.<o:p></o:p><o:p>&nbsp;</o:p>On 1st
June, 2017 the Appellant/Applicant (hereinafter referred to as the “Applicant”)
was handed a three (3) year suspension from legal practice by the Disciplinary
Committee of the General Legal Council after he was convicted of touting and
personal advertisement, and also suspended for one (1) year after being
convicted of over-estimating services he rendered to a client, upon his own
plea of guilty on both charges. The sentences were to run concurrently.<o:p></o:p><o:p>&nbsp;</o:p>Subsequently, the Applicant
took the view that his conviction and sentencing were not in accordance with the
law and consequently filed Notices of Appeal in the Registry of the High Court
(Human Rights Division), Accra against the decision of the Disciplinary Committee
of the Council.&nbsp; Consequent upon the two
appeals, the Applicant filed two motions for stay of execution and or
suspension of the decision of the Disciplinary Committee of the Council pending
the final determination of his appeal in both cases. In both appeals, the Applicant
sought an order setting aside his conviction and sentence.<o:p></o:p><o:p>&nbsp;</o:p>This Court presided
over by a Single Justice, in its Ruling dated 26th July, 2017,
dismissed both motions on the ground that the Court lacked jurisdiction to
entertain the applications.<o:p></o:p><o:p>&nbsp;</o:p>The Learned Single
Justice took the position that Counsel for the Respondent had raised crucial
foundation issues relating to the jurisdiction of the Court to entertain the
applications and hence made a determination on the issue of jurisdiction; the
same being a fundamental issue at the threshold. He relied on the ratio in the
case of Tindana vrs Chief of Defence
Staff (No.1) [2001] SCGLR 724 in coming to this position.<o:p></o:p><o:p>&nbsp;</o:p>The Learned Single
Justice opined in his Ruling that no proper appeal had been brought to this Court
as required by Rule 9(3) of the Court of Appeal&nbsp;
Rules 1997 (C.I. 19) (as amended) which states that an appeal is brought
when the Notice of Appeal has been filed in the Registry of the court below. The
Notices of Appeal filed by the Applicant herein were therefore declared to be
invalid. Furthermore, even assuming a valid Notice of Appeal had been filed, the
Court was of the opinion that the Applications ought to have been made in the
first instance to the court below. We will hasten to state therefore that the applications
filed by the Applicant herein were not determined on their merits.<o:p></o:p><</main>