Francis Xavier-Sosu files appeal to quash 3-year ban

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Renowned Human Rights Lawyer, Francis Xavier-Sosu, has filed an appeal at the Court of Appeal in Accra to challenge the 3-year ban imposed on him by the General Legal Council.

He is among other things seeking a declaration that the General Legal Council erred in imposing the ban on him for overcharging a client and advertising his firm on social media.

He is also seeking a declaration that the charge of touting and personal advertisement levelled against him by the General Legal Council is discriminatory and contrary to Article 17 of the 1992 Constitution.

In his appeal filed today [Wednesday], he is seeking 8 other declarations and praying the court to quash his 3-year ban.

Other declarations he is are that the prohibition on advertising, touting and/or publicity as provided for under Rule 2(1) of the Legal Profession (Professional Conduct and Ettiquette) Rules 1969. (L.I 613), is vague and/or overboard and inconsistent with Articles 19(11) of the 1992 Constitution.

– That in convicting the Appellant of touting and personal advertisement, the General Legal Council erred in law since there was no identifiable complainant as required by the provisions of the Legal Profession Act 1960 (Act 32).

– That the General Legal Council erred in law by failing or neglecting to serve any formal complaint of touting and personal advertisement on the Appellant, thereby failing to act fairly and comply with the requirements of the law as required by Article 23 of the 1992 Constitution.

– That in inquiring into and convicting the Appellant of touting and personal advertisement that General Legal Council erred in law by constituting itself into complainant, prosecutor and judge in a matter before it, thereby violating the rules of natural justice and the right to Fair Trial of the Appellant as guaranteed by Article 19 of the 1992 Constitution.

– That the General Legal Council erred in law in charging and convicting the Appellant of “grave misconduct in a professional respect” in that there is no law specifically making touting and personal advertisement “grave misconduct in a professional respect”.

– That sentence of mentorship by a senior lawyer for a period of one (1) year imposed on the Appellant by the General Legal Council is alien to the provision of the Legal Profession Act, 1960 (Act 32) and the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I 613).

He indicated that he will state more grounds on which his ban should be squashed after receiving the decision of the General Legal Council on the matter.

 

 

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