Justice Kpegah
Justice Kpegah

The case against Nana Akufo Addo?s status as a legal practitioner of good standing filed by former Supreme Court Judge, Justice Yeonase Kpegah is refusing to die although the high court has ordered it to?be strike out.
The Republic has learnt that some public interest lawyers are gunning up to stage a fight with the Judiciary over what they claimed to be a thriving culture of ?gangsterism? at the apex of the Judicial Council of Ghana.
Confidential report cited by this paper reveals a potentially scandalous backroom affair that may have led to the dismissal of the recent suit by Justice Kpegah challenging the posturing of the 2012 flagbearer of the ?NPP as a trained lawyer.A group of lawyers who pleaded anonymity under ?Lawyers of Vigilante? and claimed to be the guardians of the Judiciary have alleged in the report that the General Legal Council (GLC), the Ghana Bar Association (GBA) have ganged up as comrades-in-crime against the principles and very ethic underpinning the legal profession, and are protecting an already battered image of Nana Addo-Dankwa Akufo-Addo.

The ?Lawyers of vigilante? who volunteered this information to The Republic said that the dismissal of a suit filed by Francis Yaonasu Kpegah against Nana Addo-Dankwa Akufo-Addo was below the legal belt.
The group has made some damning allegations which may stoke a revolution within the Judiciary and perhaps open it to another row of public scrutiny.
The Ghanaian legal practitioners, who would like to remain anonymous for fear of being blacklisted and or intimidated, said Justice Kpegah?s suit to help cleanse judicial system might not have been borne out of malice, after all.
They described Judge Kpegah?s action as that of one of the very few surviving gate-keepers of the legal fraternity, and questioned the ?rule of law? mantra making the round in the nation?s judicial corridors.
?When in lies the ?rule of law? if clear cases of dishonesty were being push under the carpet??; a lwayer queried.
The Republic was told that the vexed case, apparently has threatened to strike-out the case at the very heart of the integrity of the General Legal Council, hence all means possible were sought to stifle its hearing.
As to whether the right procedures were followed leading to the striking out of the Kpegah case, the sources replied NO!
It was their case that, the Defendant, Nana Akufo-Addo, did not even file a defence to Kpegah?s Statement of claim, and nobody seemed to find anything legally wrong with that in Ghanaian court of law.
?Sadly, on legal record, it seems the only thing the High Court needed to dismiss the moral issue such as filed by Justice Kpegah?s was Nana Addo filing of application describing Kpegah?s suit as; ?Frivolous, Vexatious, and an abuse of the court process and citing further no reasonable cause of action?; the lawyers suggests.
They described the defence action as misconceived in law and that the presiding judge got it entirely wrong in her ruling that the writ ?did not disclose a reasonable cause of action? since it failed to establish that Nana Addo was impersonating a W.A.D. Akufo-Addo who is numbered 1190 on the Roll of Lawyers in Ghana, while the plaintiff still stomachs and is ready to download his proof.
It would be recalled that, the retired Supreme Court Judge, Mr. Francis Yaonasu Kpegah sued the NPP 2012 Presidential Candidate, Nana Akufo-Addo on March 18, 2013 questioning his credential on the Ghanaian Bar.
The case was originally fixed on the 23rd of April 2013, but Justice Kpegah (retd) couldn?t attend, ?on health grounds?; but instructed his Counsel to seek adjournment which was granted.
On the adjourned date of 2nd May 2013, however, the Presiding judge strangely sought to give ruling, when the plaintiff was going to raise a preliminary objection and move his affidavit in opposition to the ?striking out? of the instance case.
The vigilante lawyers couldn?t answer why the judiciary would want to sacrifice the long-held and cherished independence of the court.

Source: The Republic


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