…Leaves doubts over General Legal Council’s fairness
The Attorney General’s Office, has strongly denied any involvement in the disbarment of Chief State Attorney, Samuel Nerquaye-Tetteh, whose legal license was revoked due to allegations of receiving GH¢400,000 from businessman Alfred Agbesi Woyome in 2011.
Mr Nerquaye-Tetteh, is now prohibited from practising law in Ghana after the General Legal Council (GLC) found him guilty of professional misconduct.
Notably, this marks the first instance in many years, where the GLC has revoked a lawyer’s license and made the disciplinary action public.
Numerous petitions sit before the disciplinary committee of the General Legal Council (GLC), often without receiving attention or public disclosure. This lack of transparency has raised concerns, ranging from individuals falsely presenting themselves as lawyers to the overall conduct of legal practitioners.
While, some petitions seemingly go untouched, Samuel Nerquaye-Tetteh’s case has taken a different turn, drawing attention to the fairness of the GLC’s processes under the office of the Chief Justice.
The disbarment comes amid a backdrop of increased scrutiny on legal professionals and the need for accountability within the legal system.
The Attorney General’s Office, however, maintains its distance from the disbarment, emphasizing that it played no role in the decision made by the General Legal Council.
The case, has underscored the need for a more transparent and consistent approach to disciplinary actions within the legal fraternity, as questions arise about the efficacy of current processes and the overall integrity of the legal system in Ghana.
The GLC stated that, he facilitated the transfer of GH¢400,000 from Woyome to his wife’s bank account, while representing the state against a lawsuit by Woyome in 2011.
Mr Nerquaye-Tetteh, was disbarred, meaning he can never practice as a lawyer again in Ghana after the Disciplinary Committee of the GLC, the regulatory body of the legal profession, found him guilty of professional misconduct under Rule 2(2) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I. 613).
In a notice dated January 31, 2024, the GLC, said while defending the state against a suit by Woyome in 2011, Mr Nerquaye-Tetteh, personally caused the direct transfer of an amount of GH¢400,000 from Mr Woyome to the bank account of his wife.
Mr Nerquaye-Tetteh, the GLC, said could not offer any reasonable explanation for the said transfer of the GH¢400,000 into his wife’s bank account from Mr Woyome.
According to the GLC, the conduct of Mr Nerquaye-Tetteh, had adversely affected “the “dignity and high standing of the legal profession.”
“That, he, as a lawyer and a Chief State Attorney, having acted as counsel for the State in the case, Alfred Agbesi Woyome vrs. Attorney General & Anor had an amount of Four Hundred Thousand Ghana Cedis (GH¢400,000.00) transferred directly from Mr Alfred Woyome into the bank account of his wife, Mrs. Gifty Nerquaye-Tetteh without any reasonable explanation; a conduct or act that adversely affects the dignity and high standing of the legal profession,”
“SAMUEL NERQUAYE-TETTEH shall not hold himself out as a lawyer or attend chambers or render or purport to render any professional legal services to the public. The practicing licence of Samuel Nerquaye-Tetteh is hereby withdrawn forthwith,” the notice said.
The notice was signed by the Judicial Secretary, Justice Cynthia Pamela Koranteng.
However, Woyome has accused the Attorney General’s Office of orchestrating the disbarment, questioning the basis for tarnishing Mr. Nerquaye-Tetteh’s reputation.
Isaac Wilberforce Mensah, the spokesperson for the Attorney General’s Office, strongly denied these allegations during an interview on Citi FM.
He clarified that the office lacks the authority to disbar anyone and emphasized there is no direct connection between the office and the incident in question.
“I think that statement is unfortunate, with the greatest of respect to Alfred Agbesi Woyome in this regard because the AG is not the one who came out with this ruling from the GLC. The AG whether by itself or by the office or even by the prosecution’s division has not written any legal opinion concerning the former chief state in question. There is absolutely no direct connection between this office and the incident which is currently in the media.”
“Whether or not he has been disbarred is not a power that the AG whether as a person, or office or as a constitutional body even possesses. Nobody in this office can disbar a person. So I don’t know where this subtle attack is coming from,” he stated.
Meanwhile, Mr Woyome, has threatened to sue the GLC for disqualifying Mr Nerquaye-Tetteh.
Mr Woyome, who is at the heart of the GH¢51 million Waterville judgment debt case, argued that the Council’s actions constitute contempt of court.
He asserted that judicial decisions have cleared him and anyone else involved in the contract of any misconduct.
He admits to transferring the GH¢400,000 to Samuel Nerquaye-Tetteh’s wife but insists it was purely on humanitarian grounds.
“Thank God that we have got all the judgments. Thank God that I am waiting for the Supreme Court to do the honourable thing by departing away from the so-called linking me to something that I am not part of…I can say that I pledge on my honour that I will remain very active to make sure that the institution of government do the right thing. And I want to announce here that I am taking the General Legal Council (GLC) to court early next week.”
“We will pursue GLC and the AG for them to stop what they are doing…Nerquaye-Tetteh’s wife’s money that I sent to her was on the basis of what I do at WOFA, Wilmy Foundation for Africa. I pay fees and pay other things for many people across the whole African country. When I work, that is what I use my money for, philanthropy,”
he stated.
