The Supreme Court yesterday expressed concern about the growing phenomenon of lawyers deposing to affidavits on behalf of their clients.
A 5-member panel of the court sitting on an application filed by embattled Member of Parliament for Assin North, James Gyakye Quayson expressed the sentiment when they discovered that Justin Pwavra Teriwaja, counsel for the MP had deposed to the affidavit in support of the motion.
Justice Omoro Tanko Amadu, a member of the panel used the opportunity to advise lawyers to desist from what the court said had become rampant, warning about the possible repercussions of the trend.
He said, for instance, if the court wanted to cross-examine the person who deposed to the affidavit what it would mean is that the lawyer would have to disqualify himself as counsel in the matter and enter the witness box for the cross examination. This, he said demeans the profession.
“Members of the Bar should take this seriously. This practice of lawyers deposing to affidavits on behalf of clients will hit you one day. A day will come when the masquerade of wig and gown will be removed and you will be cross-examined and by the time you are done, you will be a candidate for the GLC (General Legal Counsel), Justice Amadu advised.
Another concern raised by the court bothered on Mr. Quayson’s repeated act of filing applications before the court but failing to show up in court himself.
Yesterday was not the first time Mr. Quayson did not appear before the court for his case to be heard as he had on many occasioned failed to show up in court for processes either initiated by him or against him.
He was once spotted in an Accra High Court where Minority Leader Dr. Cassiel Ato Forson and two other people were standing trial for allegedly causing financial loss to the state.
“He doesn’t treat this court properly. He engages this court and refuses to appear,” Chief Justice Gertrude Torkornoo observed.
Dismissed
The court yesterday by a unanimous decision dismissed an application for certiorari seeking to set aside the decision of an Accra High Court where Mr. Quayson is standing trial for deceit and other offenses.
He wanted the court to halt his trial and quash the decision of the court for failing to order the prosecution to disclose certain documents because the prosecution had indicated they do not have the documents requested by the accused person.
The lawyers had asked the trial court to provide them with certain documents but Deputy Attorney General, Alfred Tuah-Yeboah in opposing to the affidavit referred to correspondences between the prosecution and the defence in which the Office of Attorney General had indicated it had no further documents to disclose.
It was on the basis of this that lawyer for the MP wanted the Supreme Court to set aside the decision of the High Court because the judge relied on a letter referred to by the prosecution which was not deposed to in an affidavit on oath.
He said the trial court committed an error in admitting evidence which was not on oath through an affidavit in opposition to what they had filed.
The application was opposed to by the Attorney General, Godfred Yeboah Dame who argued that there was no error of law patent on the face of the records which needed to be corrected.
A 5-member panel of the court presided over by Chef Justice Gertrude Torkornoo and assisted by Justices Tanko Omoro Amadu, Yonny Kulendi, Samuel Asiedu and Eric Gaewu dismissed the application for having no merit.
It said it had examined the affidavit and was satisfied that the MP was given a hearing by the trial court and the said court had jurisdiction to rule on the matter.
BY Gibril Abdul Razak