A petition lodged against Josephine Hughes, daughter of ex-Speaker of Parliament, Ebenezer Begyina Sekyi Hughes, alleging that she is not a properly qualified lawyer, has been heard for the first time by the Disciplinary Committee of the General Legal Council (GLC), according to The Herald’s insiders.
The committee, chaired by Supreme Court Judge, Paul Kwadwo Baffoe-Bonnie, including Avril Johnson, Sam Okudzeto, Tony Forson, and Franklina, is examining claims that Hughes, gained admission to the Ghana School of Law’s Post Call Course without the necessary qualifications. This course is reserved for already-qualified Barristers and Solicitors from the UK.
The petitioner, Lawyer Charles Zwennes, insists there is no evidence that Ms Hughes sat and passed the Bar Exam or the Solicitors Law Practice Course (LPC) in the UK before returning to Ghana and getting called to the Bar through the Ghana School of Law. Additionally, her name does not appear on the Roll of Barristers or Solicitors in the UK.
In her response to the petition, Hughes failed to state that she ever passed the LPC, which is a prerequisite for qualifying and having one’s name entered in the Roll of Solicitors. This lack of evidence has fueled Zwennes’ determination to prove his case.
During the hearing on June 19, 2024, at the Ghana Law School, Justice Baffoe-Bonnie, argued that if Ms Hughes is not a lawyer, then perhaps the Disciplinary Committee of the GLC, has no jurisdiction over the matter. Charles Zwennes countered, asserting the GLC’s statutory mandate to investigate and regulate the legal profession.
Justice Baffoe-Bonnie, suggested that it is possible Ms Hughes did complete the solicitors’ course, but was not certified, allowing her to do the post-call course in Ghana.
However, Charles Zwennes, responded that only those who have passed the UK exam for solicitors, but did not complete Articled Training are eligible for the Post Call Course in Ghana, not those who failed the exam.
Throughout the hearing, Ms Hughes remained silent, while Justice Baffoe-Bonnie and Charles Zwennes debated her qualifications.
Ms Hughes admitted she did not take the Bar exam, but claimed to have completed the solicitors’ course. However, she was not asked whether she passed the LPC exam.
The hearing concluded with Charles Zwennes promising to obtain evidence proving Ms Hughes did not pass the LPC exam. The matter has been adjourned to November 21, 2024.
Charles Zwennes and his cousin, Peter Zwennes, appeared before the Disciplinary Committee to press their case.
Charles Zwennes noted that all solicitors in the UK who pass the LPC exam, are registered on the Solicitors Regulatory Authority (SRA) website roll and receive an SRA Number.
A search on the SRA website, did not show Ms Hughes’ name, indicating she has not passed the LPC exam to become a solicitor of England & Wales.
Justice Baffoe-Bonnie’s argument that the GLC, has no jurisdiction over non-lawyers and his distinction between “being Called” and “passing the test for being Called, but not being Called” has raised concerns about the GLC’s effectiveness in maintaining the legal profession’s integrity in Ghana.
Charles Zwennes’ petition, resonates with those who believe stringent measures are needed to prevent unqualified individuals from practising law in the country.
The petition to the GLC on the qualification of Ms Hughes is a sequel to the legal battle between the ex-Speaker on one hand and Charles and Peter Zwennes on the other hand over the ownership of the 66-year-old law firm, Gaisie Zwennes Hughes & Co, which the two insisted they were made partners.
In December last year, an Accra High Court case took an interesting turn as Charles Zwennes, rubbished an application filed by Ebenezer Begyina Sekyi Hughes.
The application, seeking to strike out certain pleadings in a lawsuit against Mr Hughes, was labelled an abuse of process by Zwennes, who claims it lacks merit.
Charles Zwennes, countered the application in an affidavit, asserting that the ex-Speaker’s motion fails to demonstrate any deficiency in the writ of summons or establish that the pleadings were scandalous, frivolous, vexatious, or constitute an abuse of process.
Charles stated that only the ex-Speaker and his daughters, Antoinette and Josephine alias “Josey Hughes,” could be said to have hoped to benefit and to have hoped to gain from these perpetrated acts of forgery and fraud, including a false claim by one of them of being a lawyer trained both in the UK and Ghana School of Law, which merits trial and investigation by the Court.
Sekyi Hughes’ brought an application to the High Court and the court now awaits summons for directions to set down the issues for trial.
Hughes in the meantime has filed an appeal against the adverse ruling made against him by the Hugh court which found that the case of the plaintiffs has merits and discloses a valid case for him to answer.
Mr Hughes argues that, the Annual Renewal for Incorporated Private Partnerships filed annually with the Registrar General’s Department, never listed the respondents as partners, even after the death of CBK Zwennes.
He contends they lack the standing to mount this legal action in the name of Gaisie Zwennes Hughes & Co, with branches in Accra and Takoradi.
Charles Zwennes rebuts these claims, asserting that the respondents were appointed as partners in 2002 and were treated as such by the existing partners.
He presents evidence, including draft Deeds of Partnership and correspondence from CBK Zwennes, demonstrating their inclusion in the firm.
The legal battle involves allegations of forgery and fraudulent misrepresentation against Mr Sekyi Hughes.
As the lawsuit unfolds, both parties are set to present their evidence in court, with Charles Zwennes, insisting that their legal action is grounded in the tort of misrepresentation.
The case raises serious matters of fraud and collusion, which, according to Zwennes, will be demonstrable through evidence of document suppression and falsification of public records.
Charles Zwennes, contends that the application, seeking the striking out and dismissal of certain pleadings in the lawsuit against him, is misconceived and lacks merit.
The ex-Speaker of Parliament, filed the application through Theophilus Masoperh, the Managing Clerk of the Takoradi branch of the law firm, aiming to remove specific portions of the lawsuit against Hughes and have the case dismissed.
The legal dispute originated from Charles and Peter Raymond Zwennes, being ousted from the law firm, with the ex-Speaker, claiming they were never made partners, as per the last will of CBK Zwennes.
Sekyi Hughes’ motion, argues that the annual renewal filings with the Registrar General’s Department, never listed the Zwennes cousins and Jacqueline Lucille Zwennes as partners.
In response, Charles Zwennes, insisted that there is substantial evidence, including correspondence, draft partnership deeds, and registration forms, proving their appointment as partners from 2002 until CBK Zwennes’s death.
The affidavit highlights handwritten drafts and notes from CBK Zwennes, outlining the appointment of new partners and the restructuring of the firm.
Charles Zwennes claims these documents indicate that the Zwennes cousins and Jacqueline Lucille Zwennes, were recognized as partners.
Furthermore, Charles Zwennes, alleges forgery and fraudulent misrepresentation against Sekyi Hughes, asserting that the ex-speaker, along with his daughters, hoped to benefit from acts of forgery and fraud.
He argues that the current legal action against Sekyi Hughes, exposes conduct offensive to the law and calls the application to have the matter struck out as an abuse of process.
The legal battle is set to continue as the court is expected to determine the validity of the pleadings and the allegations of forgery and fraud in the upcoming trial hearings.
