The Court of Appeal has ordered the General Legal Council to hold on with the withdrawal of the licence of a Kumasi-based legal practitioner, Hansen Kwadwo Koduah, who was accused of professional misconduct.
Mr Koduah was on June 6 suspended by the Council for three years after it found him guilty of professional misconduct. He was barred from holding himself out as a legal practitioner or rendering legal services of any kind to anyone for the next three years.
But Mr Koduah who is also a law lecturer at the Kwame Nkrumah University of Science and Technology filed an application for stay of the suspension pending the determination of an appeal against the General Legal Council in the matter.
After hearing the application, the Court of Appeal presided over by Justice F.G Korbieh held that the said suspension of his legal licence will not only lose his clients but will also “lose his appointment as a lecturer at the KNUST”.
The court has accordingly stayed Mr Koduah’s suspension until the final determination of his appeal, which the court says has provided arguable grounds.
Background
According to the General Legal Council although Mr Koduah knew the filing fee was GHC748, he collected GHC 50,000 from Mrs Grace Nana Ama Oparah who he represented in a case before the Kumasi High Court.
The Council says Mr Koduah “knew or ought to have known that the statutory fee was GH₵748.00” payable at HFC Bank Ltd at the High Court Registry at Kumasi, “but nevertheless failed to pay same to the said bank as practice requires”.
He subsequently charged under Rule 9(8) of the Legal Profession [Professional Conduct and Etiquette] Rules of 1969, L.I. 613 and after going into the case, he was found to have breached the Rules.
“The licence of Mr. Hansen Kodwo Koduah to practice for the legal year is hereby withdrawn forthwith,” the Council said in the statement.
But Mr Koduah has since denied the allegation, and claimed he was not given a hearing by the Justice Dennis Adjei Committee that investigated the case of professional misconduct against him.
By Stephen Kwabena Effah|3news.com|Ghana