Accusations of professional misconduct against former Attorney-General Godfred Yeboah Dame have triggered scrutiny of the disciplinary processes within Ghana’s legal system. Vincent Ekow Assafuah, a prominent legal expert, recently provided clarity on the steps the General Legal Council (GLC) is expected to follow in such cases, particularly concerning potential GLC disciplinary action. This article delves into Assafuah’s explanation, outlining the procedural path from initial petition to potential sanctions, all while emphasizing the importance of due process and adherence to the Legal Profession Act.

The unfolding situation has prompted significant discussion about the standards expected of legal professionals and the mechanisms in place to address alleged breaches. The core question revolves around whether Mr. Dame’s conduct met the ethical benchmarks of the legal profession. An in-depth examination of the GLC disciplinary action process is vital to understanding how these allegations will be assessed. According to Assafuah, as he stated in a recent Joy FM interview, a clearly defined path exists for addressing such claims.

The process, as Assafuah explains, begins with the formal lodging of a petition.

“First and foremost, once a petition is lodged against a lawyer in good standing, it is submitted to the General Legal Council,” – Vincent Ekow Assafuah

This initial step sets in motion a series of evaluations and reviews designed to ensure fairness and impartiality.

Upon receiving a petition concerning GLC disciplinary action, the General Legal Council undertakes a structured review. The initial phase involves the formation of a Disciplinary Committee. This committee, composed of individuals qualified to hold high judicial office, is tasked with reviewing the petition to determine whether the claims warrant further investigation. A critical aspect of this initial review is assessing whether the petition presents *prima facie* evidence – whether there is sufficient basis to proceed with a formal inquiry into the allegations.

If the Disciplinary Committee finds *prima facie* evidence suggesting professional misconduct, the process advances to the next stage: providing the lawyer in question, in this case Godfred Dame, with an opportunity to respond. Mr. Dame is required to submit a written response to the petition, typically within a period of two weeks. This response is then forwarded to the complainant, who is given the chance to submit a rebuttal. This back-and-forth exchange is crucial for ensuring a balanced and comprehensive review of the allegations and the defense.

Following the exchange of written arguments, the Disciplinary Committee evaluates all the evidence to determine whether to commence a formal inquiry. This decision is pivotal, as it dictates whether the allegations will be subjected to a more rigorous and detailed examination. If the committee decides to proceed with a formal inquiry and ultimately upholds the allegations against Godfred Dame, a range of disciplinary measures may be considered. These sanctions can vary in severity, from suspension from practicing law to the most serious penalty: being struck off the roll of lawyers, effectively ending his legal career.

It’s important to note that the legal system provides avenues for appeal. Should the Disciplinary Committee rule against Mr. Dame, he has the right to appeal the decision to the Court of Appeal within 21 days. Furthermore, the GLC retains the authority to reinstate a lawyer, even after disciplinary action has been taken. This could occur if new information emerges or if other compelling considerations come to light, demonstrating the ongoing nature of the process.

The GLC disciplinary action process is governed by a clear legal framework. Key among these are the Legal Profession (Disciplinary Committee) Rules, 2020 (L.I. 2424) and the Legal Profession Act, 1960. These regulations are designed to ensure due process, protect the rights of all parties involved, and maintain the high professional standards expected within Ghana’s legal community.

In summary, the GLC disciplinary action process, as elucidated by Vincent Ekow Assafuah, comprises several critical stages: petition submission, committee review, response and rebuttal, formal inquiry (if warranted), potential sanctions, and avenues for appeal. Adherence to the Legal Profession Act and its associated regulations is paramount throughout this process. While the final decisions regarding the allegations against Godfred Dame remain to be seen, subject to potential appeals, the importance of maintaining professional standards within Ghana’s legal system cannot be overstated.