• Lawyer Afrifa was suspended for professional misconduct in 2017
• His licence was withdrawn for four years by the GLC
• He was found guilty on three offences
On July 27, 2017, Lawyer Kwasi Afrifa, the legal practitioner who has accused the Chief Justice of allegedly demanding US$5million from Ogyeedom Obranu Kwesi Atta VI, was suspended for
Read full articlefour years by the General Legal Council (GLC) for professional misconduct.
According to a Graphic online report, a statement signed by the Judicial Secretary and Secretary to the GLC, Justice Alex Poku-Acheampong, and was published on the GLC’s website read, “the licence of Lawyer Kwasi Afrifa to practise for the next four (4) years is hereby withdrawn forthwith.”
Lawyer Afrifa, according to the GLC, was suspended after he was found guilty in three instances in which he acted against the interest of his clients by representing other clients with the same interest.
“During the period of suspension, Mr Afrifa shall not hold himself out as a Legal Practitioner or attend Chambers, or render, or purport to render any professional legal services to the public for a fee,” the statement stated.
Graphic online listed Lawyer Kwasi Afrifa's offences below:
First offence
In the first instance, Mr Afrifa, according to the GLC, acted as counsel for one Dr Emelia Timpo in a probate case involving her mother’s estate and “assisted her in obtaining Letters of Administration in respect to the same estate”.
“Subsequently, he acted against Dr Timpo’s interest by representing her brother called Nana Kwamina Apreh Ackah in an action with Suit No.C12/230/14 over property which forms part of the said estate,” it said.
Second offence
With regard to the second offence, the GLC explained that Lawyer Afrifa represented Kodwo Ackah, a brother of Dr Emelia Timpo, and Nana Ackah in civil proceedings “to evict his (Kodwo’s) tenant at Ashanti New Town, Kumasi”.
“Subsequently, he brought an action on behalf of his brother, Nana Kwamina Apreh Ackah, in an action with suit No.C12/230/14 over property which forms part of the said estate against the said Kodwo Ackah and Dr Emelia Timpo,” it said.
Third offence
The GLC also said Lawyer Afrifa, after representing Kodwo Ackah, included his (Kodwo’s) property in the inventory of the estate in the probate action involving the siblings’ mother’s estate when he represented his siblings (Dr Emelia Timpo and Nana Kwamina Apreh Ackah”.
Lawyer Afrifa was charged and found guilty on two counts under Rule 5 (10) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 in the first two offences and also guilty under Rule 9 (4) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 in the third offence.
Rule 5 (10) states that “a lawyer shall at the time of retainer disclose to the client all the circumstances of his relationship to the parties and his interest in or connection with the controversy, if any, which might influence the client in the selection of counsel. He shall avoid representing conflicting interests”.
Rule 9 (4) also states that “any deliberate deception of the court on the part of a lawyer is professional misconduct. Equally, a lawyer is guilty of such misconduct if he knowingly permits a client to attempt to deceive the court’’.
Lawyer Afrifa's allegation against the Chief Justice
Lawyer Kwasi Afrifa, in a statement under Kwasi Afrifa of O&A Legal Consult, named the Chief Justice, Kwasi Anin-Yeboah of demanding "a bribe of US$5,000,000 for a successful outcome of his case.”
Afrifa’s statement dated July 8, 2021, responded to a claim by Ogyeedom Obranu Kwesi Atta VI that he [Afrifa] while handling his case – Ogyeedom Obranu Kwesi Atta VI v Ghana Telecommunications Co. Ltd. - suggested to him [Ogyeedom] to “provide an amount of US$100,000 to enable him to do some ways and means (gymnastics)” on the case “so that we can obtain a favourable decision.”
Ogyeedom Obranu Kwesi Atta VI, then, petitioned the GLC on March 1, 2021, despite knowing he had a good case before the Supreme Court of Ghana, he heeded the advice of his lawyer. However, he later realized that money was not used for the intended purpose.
“...so I fired him from the case and asked him to refund the money but he has since refunded US$25,000 leaving a balance of US$75,000 due and owing to me. All efforts to retrieve the amount have failed,” Ogyeedom Obranu Kwesi Atta VI stated while he appealed to the GLC Chairman to help him retrieve the remaining amount from lawyer Kwasi Afrifa.
In a three-paged response available to GhanaWeb, Kwasi Afrifa has unequivocally denied all the claims.
He explained, “at the end of July 2020, the Petitioner informed me that friends of his who were highly connected politically had taken him to see the Chief Justice who had agreed to help him win his case on the condition that he drops my good self as the lawyer handling the case for him and engage Akoto Ampaw Esq in my stead.
“He further informed me that the Chief Justice had demanded a bribe of US$5,000,000 for a successful outcome to his case and that he had already paid US$500,000 to the Chief Justice. He further indicated that he was hard-pressed to raise the remainder of the US$5,000,000 and so I should refund some of the GH¢300,000 paid me as fees because he had in line with the advice of the Chief Justice, engaged Akoto Ampaw Esq. as solicitor to continue the case before the Supreme Court.”
Afrifa indicated further that, he took a decision to refund the amount Ogyeedom Obranu Kwesi Atta VI paid him for handling his case.
He said: “we aggregated the GH¢300,000 paid to me as being the equivalent of US$50,000 which I was to refund to him without any timeline being indicated. He said he wanted the payment in dollars because he was raising the remainder of the money to be paid the Chief Justice, and that currency was the currency of choice.
“On the 27th of January 2021, I paid an amount of US$25,000 to the petitioner and subsequently paid US$15,000 to him making a total of US$40,000 so the outstanding amount that I have to refund to him is US$10,000. I am ready willing and able to make the said payment of US10,000 when I appear before the Committee on the 15th of July, 2021.”
Read Lawyer Kwasi Afrifa's statement below.
Lawyer Kwasi Afrifa
