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FRANCIS XAVIER SOSU V. THE GENERAL LEGAL COUNCIL AND FRANCIS XAVIER SOSU V. THE GENERAL LEGAL COUNCIL

(2018) JELR 68865 (SC)

Supreme Court  •  CIVIL APPEAL NOS. J8/42/2018 & J8/43/2018  •  14 Feb 2018  •  Ghana

Coram
APPAU JSC SITTING AS A SINGLE JUDGE

Judgement

RULING

APPAU, JSC.

The applicant, who is a lawyer by profession, was charged under two counts of Grave Misconduct contrary to Rules 2(1) and 9(9) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 [L.I.613] and Section 19(5) of the Legal Profession Act [Act 32] of 1961 before the Disciplinary Committee of the General Legal Council. The applicant, who initially pleaded ‘Guilty with Explanation’ to the two charges, later changed his plea and pleaded ‘Guilty’ simpliciter to the two charges. The Committee convicted him on both counts on his own plea. Section 16(1) of Act 32 makes provision for sanctions that the Disciplinary Committee could mete out to lawyers charged before it on the offence of Grave Misconduct. It reads:

“A lawyer, who is found guilty of grave misconduct in a professional respect, including a conduct which, in pursuance of the Rules, is treated as grave misconduct in a professional respect, is liable
(a) To have the name of that lawyer struck off the R…

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