IN THE MATTER OF THE REPUBLIC vs. THE HON. JUDICIAL SECRETARY, JUSTICE ALEX B. POKU-ACHEAMPONG, OFFICE OF THE JUDICIAL SECRETARY AND EX PARTE: HANSEN KWADWO KODUAH [2017]DLHC3959

IN THE MATTER OF THE REPUBLIC vs. THE HON. JUDICIAL SECRETARY, JUSTICE ALEX B. P... [2017]DLHC3959

Date	2017-09-08
Suit No.	SUIT NO: GJ/967/2017
Citation No.	[2017]DLHC3959

JUSTICE KWEKU T. ACKAAH-BOAFO

THE APPLICANT – IN PERSON

MR. NANA YAW NTRAKWA WITH JUDITH DONKOR FOR THE RESPONDENT

[2017]DLHC3959
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													<main id="main" class="content" style="min-height: 60rem" >IN THE MATTER OF THE
REPUBLIC<o:p></o:p>vs.<o:p></o:p>THE HON. JUDICIAL
SECRETARY, JUSTICE ALEX B. POKU-ACHEAMPONG, OFFICE OF THE JUDICIAL SECRETARY
AND EX PARTE: HANSEN KWADWO KODUAH<o:p></o:p>[HIGH
COURT (GENERAL JURISDICTION DIVISION, COURT 6) ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO: GJ/967/2017&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 8TH SEPTEMBER, 2017.<o:p></o:p>

</div>COUNSEL:
<o:p></o:p>THE APPLICANT – IN PERSON <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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MR.
NANA YAW NTRAKWA WITH JUDITH DONKOR FOR THE RESPONDENT <o:p></o:p>

</div>CORAM:<o:p></o:p>JUSTICE KWEKU T.
ACKAAH-BOAFO<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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</div>i. Introduction/Overview: <o:p></o:p>[1]
This application is another episode in the continuing legal drama between the
Applicant- a lawyer, and the Judicial Secretary, which began with the
suspension of the Applicant by the General Legal Council, the supervising body
of the legal profession in this country on June 9, 2016. Since that time, the
Applicant and the General Legal Council have been engaged in litigation which
has produced one application at the High Court and three decisions of the Court
of Appeal and an order/directive of the Court of Appeal in regards to the stay
of the orders made by the Disciplinary Committee of the General Legal Council
pending the determination of the Applicant’s appeal. The result of the Court of
Appeal decisions and what they mean is the basis for the instant
application.&nbsp; <o:p></o:p>[2]
The Applicant contends that notwithstanding the decisions of the Court of
Appeal and a directive by a single Judge of the Court of Appeal, the Respondent
has still refused to withdraw a letter he circulated barring him from appearing
in Court as a Barrister in this national jurisdiction. The primary question for
resolution in this application therefore is whether the Applicant has made out
a case for an order in the nature of Mandamus to be made by this Court pursuant
to Order 55 Rule 3 of the High Court Civil Procedure Rules, 2004 C.I. 47. <o:p></o:p>&nbsp;<o:p></o:p>ii. The Motion &amp; Affidavit
Evidence in Support <o:p></o:p>[3]
By a Motion on Notice filed in this registry on June 23, 2017, the Applicant
herein seeks an order of mandamus directed at the Judicial Secretary, Mr.
Justice Alex B. Poku-Acheampong by:&nbsp; “compelling/commanding/directing and or
ordering him to retract the circular communicated to all the court that the
applicant must not be granted audience in all courts when the circular aforesaid
was highly contemptuous, illegal and inconsistent with the binding orders of
the Court of Appeal”.&nbsp;&nbsp;&nbsp; <o:p></o:p>It
is alleged that the Judicial Secretary is violating his statutory mandate by
his inaction in failing to retract the said circular and has evinced every
intention not to do so until and unless compelled by a court of competent
jurisdiction.&nbsp; See: paragraph 16 of the accompanying affidavit. <o:p></o:p>&nbsp;[4] The thrust of the application, the grounds
upon which are encapsulated both in the accompanying affidavit and the
arguments of the Applicant, is that on June 9, 2016 he was suspended by the
Disciplinary Committee of the General Legal Council for a period of three years
for professional misconduct. A copy of the suspending order is attached as Exhibit KK1. <o:p></o:p>The
Applicant filed an appeal at the Court of Appeal. A copy of the Notice of
Appeal is also attached as Exhibit KK2.&nbsp; According to the Applicant during the
pendency of the appeal, a stay of the orders of the Disciplinary Committee of
the General Legal Council was granted by a single Judge of the Court of Appeal
pending the hearing of the substantive appeal. A copy of the order is attached
and marked as Exhibit KK3.&nbsp; <o:p></o:p>[5]
According to the Applicant, a differently constituted panel of the Court of Appeal
reversed the decision of the single Judge on November 2, 2016 at a time he had
undergone a retina surgery and was on admission at the hospital and therefore
could not file an affidavit in opposition to the application made. A copy of
that decision is also attached as Exhibit
KK4. It is the further case of the Applicant that being dissatisfied he
filed a motion on notice to challenge the decision of November 2, 2016. Again,
a differently constituted panel of the Court of Appeal delivered another
decision dated February 8, 2017. A copy is also attached as Exhibit KK5. Subsequently, an Order
setting aside the decision dated November 2, 2016 was drawn up by the Registrar
of the Court of Appeal and a copy is attached as Exhibit KK6. It is the case of the Applicant that a copy of the
said order was served on the Respondent in his capacity as the Secretary to the
Disciplinary Committee of the General Legal Council.&nbsp; <o:p></o:p>&nbsp;<o:p></o:p>[6]
It is also the case of the Applicant that following the final part of what I
call the Court of Appeal trilogy of decisions, which in effect accordingly
restored the stay of the order of suspension, he applied for a renewal of his
Solicitor’s Licence from the General Legal Council and paid the requisite fees.
The licence was issued to him dated 7th day of March, 2017. A copy is attached
as Exhibit KK7. According to the Applicant based on all of the above, he
appeared as Counsel before the Court of Appeal sitting in Kumasi at which time
he was interrogated by Her Ladyship Justice Gertrude Torkornoo (Mrs.) JA and
was ordered to furnish the Court with copies of Exhibits KK3, KK4, KK5, KK6 and
KK7 supra. The Applicant says upon furnishing the Court of Appeal panel and
being satisfied and convinced, the Court “ordered the Hon. Judicial Secretary
to inform all Courts in Ghana about the developments in my case and my current
status”. A copy of the Court’s order dated 22nd March, 2017 is attached as
Exhibit KK8.&nbsp; <o:p></o:p>[7]
It is the further case of the Applicant that when the Respondent was served
with a copy of Exhibit KK8, instead of complying with same he “rather wrote to
all courts in Ghana that I should not be granted audience in any court of law”
and later wrote to the Applicant a letter dated 10th April, 2017 to return the
2017 Solicitor’s licence forthwith. A copy of that l</main>