A private citizen, Emmanuel Korsi Senyo, has filed a suit against the General Legal Council (GLC), challenging its power to prosecute lawyers.
He has prayed the Supreme Court to among other things make a declaration that the General Legal Council’s Disciplinary Committee lacks the jurisdiction to inquire into issues of misconduct of lawyers as that amounts to a violation of Article 19(1) of the 1992 Constitution.
According to him, Article 19(1) of the 1992 constitution vests the power of enquiry into criminal offences in the courts, not the GLC.
Emmanuel Korsi Senyo in his suit also prayed the court to make declaration that the criminal offences contained in Sections 19(5) and 19(7) of the Legal Profession Act, 1960 (Act 32) are in breach of Article 19(11) of the 1992 Constitution because the said offences are not defined.
In his case, he claims Act 32 and LI 613 do not define “grave misconduct in a professional respect” but yet prescribes punishment for lawyers found guilty of “grave misconduct in a professional respect”.
This he finds unconstitutional, thus, praying the court to make a declaration.
In all, Mr Korsi Senyo is seeking 10 reliefs from the Supreme Court including an interlocutory injunction restraining the General Legal Council’s Disciplinary Committee from hearing any disciplinary matters until this suit is concluded.
It is not quite clear if his suit has anything to do with the three-year ban placed on Lawyer Xavier Sosu by the General Legal Council for advertising on social media and overcharging a client.