Forum for Governance sues Judges and Magistrates

Accra, June 13, GNA - The spokespersons of the Forum for Governance, the group formed in the wake of the decision of the Association of Magistrates and Judges (AMJG) to boycott cases involving four lawyers because they said there was corruption in the judiciary, have filed suit at an Accra Fast Track High Court over the conduct of the Association. Joined in the suit are the General Legal Council (GLC) and its Chairperson in charge of the disciplinary committee.

The two, Dr Clement Apaak and Dr Samuel Buame, are seeking a certiorari to quash any purported decision of the GLC and the Disciplinary Committee from proceeding with the purported complaint of the AMJG and quash any other decision taken in pursuant to the decision to proceed with the complaint.

In an application for judicial review under Order 55 of the High Court (Civil Procedure Rules) 2004 (C.I 47) they are seeking an order directed at the GLC and Disciplinary Committee to return the purported complaint submitted to it by the AMJG.

Under the Order 55, the plaintiffs contended that various declarations may be made and prerogative writs issued by the court by way of judicial review, quasi-judicial or administrative action.

According to them, they were seeking an order of prohibition against the GLC and/or the disciplinary Committee to prevent them from proceeding to act on a purported complaint made to them by an organization, which was operating illegally.

Furthermore, they are seeking a perpetual injunction against the AMJG preventing it 93from continuing to breach the law" by operating without the requisite legal authority.

The plaintiffs said they were seeing 93declaration that the AMJG does not possess the legal authority to engage in business in Ghana".

Citing some of the illegalities of the AMJG, the plaintiffs said the Association, although incorporated on February 12, 1999, with Certificate number G-4, 125, did not have a certificate to commence businesses.

The AMJG, the plaintiffs said, had also not filed any annual returns with the Registrar-General's Department as required by Section 122 of the Companies Act, (Act 179).

"The AMJG has no certificate to commence business and so has no authority to transact any business including making petitions to the General Legal Council (GLC) in its name."

In a statement of case in support of the application, the plaintiffs said they were citizens of Ghana and spokespersons of the Forum on Governance, an association whose aims include promoting good governance and justice for all.

On June 6, this year, a pressure group, the Forum for Governance and Justice, petitioned the Chief Justice to stop the wanton victimization of the four lawyers who made comments about corruption in the judiciary.

"We believe that they exercised their inalienable right to free speech and should not be prevented from practising their profession from which they derive their livelihood and also that the clients of these lawyers should not be denied their constitutional right to a lawyer of their choice," the Forum for Governance and Justice said in a petition on the blacklisting of lawyers by the judges and magistrates.