The National Democratic Congress (NDC) has called for the immediate resignation or dismissal of the Attorney General and Minister for Justice, Godfred Yeboah Dame, over allegations of misconduct.
The party’s demands follow the release of a 16-minute audio recording that they claim implicates Mr. Dame in an alleged scheme to influence court proceedings against the Minority Leader, Dr. Cassiel Ato Forson.
The tape allegedly captures a conversation in which a voice purported to be that of Godfred Dame is heard coaching the third accused, Richard Jakpa, on what to say in court, with instructions aimed at discrediting the Minority Leader.
This development has prompted the NDC to question Mr. Dame’s suitability as the leader of the Ghana Bar and his role as the Attorney General.
At a press conference yesterday, National Chairman of the NDC, Johnson Asiedu Nketia outlined the party’s position, stating, “Considering the scandalous nature of this recording and other forms of evidence we have shown you; we wish to make the following pressing demands as part of the efforts to restore credibility to the Attorney General’s Office and Ghana’s Judicial system.”
“The immediate and unconditional resignation or dismissal of Godfred Dame for bringing the high office of the Attorney General and the Minister of Justice into repute and public opprobrium. Clearly, Mr Dame is not fit to hold himself out as Attorney General and Minister of Justice. He is unfit to be the leader of the Ghana bar,” he stated.
The NDC has also called for the immediate prosecution of Godfred Dame for alleged violations of Ghanaian law, warning that failure to do so by President Akufo-Addo would result in future legal action by an NDC-led government.
Additionally, the party seeks disciplinary proceedings against Mr. Dame by the general legal counsel and a publicly televised parliamentary inquiry into these allegations and other reports of judicial manipulations by Godfred Dame has also been proposed by the NDC, aiming to censure him and prevent any recurrence of such judicial manipulation.
“The immediate prosecution of Godfred Dame for multiple violations of the laws of Ghana. We wish to make it clear that should President Akufo-Addo refuse or fail to prosecute him, the future NDC government will prosecute Godfred Dame for this heinous crime or fabrication of evidence.
“Commencement of disciplinary proceedings by the general legal counsel against Godfred Dame and his disbarment for this conduct unbecoming of a lawyer and more importantly the leader of the Ghana bar.
“… A publicly televised parliamentary enquiry into this and other reports of judicial manipulations by Godfred Dame of the view to sensor him to prevent the recurrence of such judicial manipulation,” he said.
The NDC Chairman intimated that the tape recording captured professional misconduct, unethical behaviour and criminal conduct on the part of the Attorney-General Godfred Yeboah Dame, and that the conduct of the AG offends Rules 13, 40 and 54 of the Legal Profession (Professional Conduct and Etiquette Rules) L.I. 2324.
Rule 13 of L.I 2324, which is on Communication with a represented party states:
“A lawyer shall not approach, communicate or deal with a represented person on a matter or attempt to negotiate or compromise a matter directly with a represented person except through or with the consent of the lawyer of that represented person”.
At the time that Mr. Godfred Dame was calling and meeting Richard Jakpa at odd hours to urge, goad, impress upon and coach him to testify the Attorney-General’s way, Mr. Jakpa was represented by a lawyer.
“The claim that the Attorney General has been engaging the 3rd Accused directly because he has been changing lawyers frequently is totally false.
For instance, at the time Godfred Dame engaged the 3rd accused, Mr. Jakpa in the phone call conversation we just played to you on 9th April, 2024, the 3rd Accused was represented by the distinguished lawyer, Thaddeus Sory.
It is clear from the tape recording that Godfred Dame was communicating with the 3rd Accused, Richard Jakpa, on the blindside of his lawyer as well as the court, and he was attempting to compromise Jakpa in order to wrongfully convict Dr. Ato Forson. This is a cardinal sin against the Legal Profession (Professional Conduct and Etiquette Rules) L.I. 2324.
Again, Rule 40 (1) of LI 2324, which highlights special responsibilities of a prosecutor states:
“Where a lawyer acts as a prosecutor, the lawyer shall act resolutely and honourably within the limits of the law and shall treat the court or tribunal with candour, fairness, courtesy and respect”.
It is clear from this tape that Godfred Dame’s conduct violates Rule 40 (1) of LI 2324. He consciously, deliberately and knowingly did not act resolutely nor honourably. Neither did Dame treat the court with the candour, fairness and respect that all lawyers, and in this particular case prosecutors, are required by law to do.
The standard for Integrity of evidence is provided for by Rule 54 of LI 2423. It states:
Rule 54 (1) A lawyer shall not advise or suggest to a witness to give false evidence.
(2) A lawyer shall not
(a) suggest, or
(b) condone a client or another person suggesting to a prospective witness, the content of any particular evidence which the witness should give at any stage in a proceeding.
This is the duty placed by law on all lawyers, including the Attorney-General. Godfred Dame by his conduct, which are captured on this tape, clearly violates this duty placed on him as a lawyer.
Again, Godfred Dame’s conduct violates section 213 of the Criminal Offenses Act, 1960 (Act 29) which is on fabrication of evidence and states as follows:
“Whoever fabricates evidence, with intent to defeat, obstruct, or pervert the course of justice in any proceeding, shall be liable to the same penalties as if he had committed perjury in that proceeding.”
It is clear from the tape recording that Mr. Dame was urging, goading and encouraging the 3rd Accused to fabricate evidence in the form of a fake medical excuse duty to deceive the trial court,” General Mosquito, as the NDC chairman is fondly referred to pointed out.
