Lawyers with expired license to be prosecuted – Supreme Court

• Posted on April 21, 2016
• by Nana Kwesi Coomson
• Comment

The Supreme Court has ordered the prosecution and disbarment of all lawyers who practice without renewing their licenses.

According to the ruling, it was illegal for lawyers to continue plying their trade if they fail to go through the process for renewal of licensees by the General Legal Council for any given legal year.

The judgment by a seven panel of judges was upheld by four judges while the three others dissented.

The decision of the apex court in effect means that lawyers without certificate to practice for the year 2016, will be punished if found doing so.

Background

Today’s ruling follows a suit filed by a private citizen Henry Nuertey Korboe against one Francis Amosa.

Francis Amosa engaged the services of a Lawyer,Nancy Dakwa Ampofo to defend her in the High Court in a case at the High court.

In the course of the case,Nancy Dakwa Ampofo applied to the High Court to have the case dismissed on the grounds that as at the time lawyer for Mr. Korboe, Pwavra Teriwajah filed the writ for his client, his solicitor’s license had expired.

Her Ladyship, Avril Lovelace-Johnson, a Court of Appeal Judge sitting as an additional High Court Judge on the case upheld the submissions of Miss Ampofo and dismissed the case.

Mr. Teriwajah appealed to the Court of Appeal against the ruling of Justice Lovelace-Johnson and the Court of Appeal Judges were unanimous that their own colleague had erred in dismissing the case on the basis of the expired solicitor’s license.

The Court of Appeal, therefore, made an order for the reinstatement of the suit at the High Court for the suit to take its normal course and the cost which Justice Avril Lavelace Johnson had imposed on lawyer Justin Pwavra Teriwajah was also vacated by the Court of Appeal.

-Citifmonline