Deposing to affidavits of clients will ‘hit’ you one day – SC advises lawyers
They noted that if not checked, that practice tends towards leading such lawyers into trouble
The Supreme Court justices have bemoaned the practice where lawyers depose to affidavits of litigating parties.
They noted that if not checked, that practice tends towards leading such lawyers into trouble.
“Those lawyers who depose to affidavits of your clients. If they do not stop, it will hit them one day, especially when they are no longer in practice,” their justices noted.
This word of caution was given in a civil motion filed by James Gyakye Quayson, the embattled Assin North MP against the High Court(Criminal Division).
In that motion for certiorari, the applicant noted that his request for further disclosures was countered by a response letter by the state, which was not admitted in evidence yet the court accepted same.
However, immediately after the case was called, the Chief Justice, Gertrude Torkornoo expressed concern about the continuous absence of the applicant despite ‘overwhelming’ the court with his several applications.
Subsequently, their Lordships took notice of the fact that the affidavit had been deposed to by counsel despite the applicant’s absence which scheme of things the Chief Justice noted was ‘demeaning’ to the profession.
Justice Tanko in particular in contributing to the issue, warned such lawyers to be careful since such a practice tends to hit back at them in the future, especially at the time that they are no longer in the practice.
In addition, the Attorney General who was the interested party, also shared the sentiments of their Lordships by revealing the fact that the affidavit was even signed by counsel not even with the consent of the applicant.
In the end, the motion for certiorari was dismissed by the court as lacking merit and also failing to meet the threshold for the remedy.
