Election Petition: Supreme Court advises lawyers not to be twisting facts

The Justices of the Supreme Court have again sent out a strong warning to lawyers who choose to comment on the ongoing Election Petition hearing to abide by their code of ethics at all times in making public pronouncements on the case.

According to the court, some of the utterances from the lawyers are prejudicial.

Chief Justice Kwasi Anin-Yeboah on Monday, February 8, told lawyers for both the Petitioner and Respondents that they are all guilty of that.

"Please both sides are guilty of it, and especially my dear sister Marietta [Brew Appiah-Oppong], at times you make statements even touching on the demeanour of witnesses, so please, it is a passionate plea from the bench, let's respect the ethical rules."

He also mentioned Yaw Oppong from the second respondent's side, who he said appeared in a media interview on Joy News' Newsfile programme on Saturday, an act which breached Rule 38 of the Legal Professional Conduct and Ethical Rules, 2020.

"Mr [Yaw] Oppong too, you are also guilty of it, you were at the Newsfile and since you have been announced in this case, it is unacceptable," the Chief Justice added.

Since the hearing of the Election Petition started at the Supreme Court, the Justices at the Bench have on occasions warned lawyers about media interviews and twisting of facts.

"So we are just drawing your attention to the ethical infractions, and you have to advise yourself accordingly. Somebody other than you may do it, that is not our concern but you are precluded by law because you have been announced in the case on a regular basis."

"And if you are a lawyer and you are not actively participating, please we passionately plead to you to put down your robes and grant the interview. We don't think that you should be in robes with the wig on... and addressing the media," the court said on Monday, February 1.

On Frank Davis

Lawyer Frank Davies, one of the legal team members for the second Respondent Nana Addo Dankwa Akufo-Addo was asked by the Chief Justice earlier to be mindful of his post-trial media interviews.

The CJ indicated that the bench was not comfortable with the utterances of Frank Davies, something that breaches Rule 38 of the Legal Professional Conduct and Ethical Rules, 2020.

Rule 38 states that a lawyer who is practising or has participated in the litigation or investigation of a matter that is still pending before a court, "shall not make an out of court statement or grant an interview to the media on the matter’.

Referring to Rule 38, Chief Justice Kwasi Anin-Yeboah told Frank Davies that his commentary after the hearing violated the ethics of the legal profession.

"Mr Frank Davies, we respectfully draw your attention to the Legal Professional Conduct and Ethical Rules, 2020. Please, you look at Rule 38, the court is not comfortable with the post-trial interviews that you [Davies] grant outside," Chief Justice Kwasi Anin-Yeboah said on Monday, February 1.