RE: SUPREME COURT THROWS OUT PHILIP ADDISON’S COMPLAINT OF MISCONDUCT – REJOINDER
We act as solicitors for PHILIP ADDISON, ESQ whose attention has been drawn to a publication on the GhanaWeb online news portal with the above-cited title dated August 6th, 2020 and we have his instructions to address matters raised therein.
We wish to state emphatically and unequivocally that the said publication is fraught with blatant false information which is aimed at denting our client’s had-earned reputation in this country.
Firstly, our client, Mr. Addison has not filed a complaint before the General Legal Council (GLC) against Mr. Charles Zwennes for which reason the GLC would have made a determination. Indeed this allegation formed the basis of the banner headline above the piece. In fact the allegation is wholly without substance. Rather, it was Mr. Zwennes who filed a complaint against out client on 1st November, 2019. Our client ably responded to the watery claim made against him by Mr. Zwennes on 24th June, 2020. The GLC on 30th July, 2020 declined to hear the complaint against our client on the ground of it not being cognizable. A search at the GLC website www.glc.gov.gh will confirm the aforementioned facts.
It is instructive to note that it was rather the majority shareholders of Merlin Gaming Ghana Limited, Messrs Francis Tachie-Menson and Peter Nkegbe who on 3rd June, 2020, filed a complaint of misconduct against Charles Zwennes, which is a matter still pending before the GLC.
Therefore, your publication dated 6th August, 2020, on this particular subject is a fabrication and palpable falsehood and same must be retracted and the accurate information published for the benefit of the general public who were exposed to this untrue account of events.
Secondly, in the said GhanaWeb publication, it is alleged that our client, Mr. Addison, filed a certiorari application to stop the High Court proceedings which has been dismissed by the Supreme Court. We state in no uncertain terms that it is absolutely false and is in fact a reverse of what has transpired so far in the issues surrounding Merlin Gaming Ghana Limited.
It is worth mentioning that Mr. Charles Zwennes has in the subsistence of this matter, filed a gamut of baseless applications before the superior courts, all of which has been unsuccessful.
Mr. Zwennes (on behalf of Mr. Eric Gbeho), on 14th June, 2019, instituted an action at the High Court by an Originating Motion against Mr. Addison for holding himself out as Company Secretary and Merlin Gaming Ghana Limited as 2nd Respondent. The High Court presided over by his Lordship George K. Koomson, upon an application to that effect by the lawyer for Mr. Addison, found a clear case of conflict of interest against Mr. Zwennes and disqualified him and his law firm Gaisie, Zwennes, Hughes and Co. from legal representation in the matter.
Being dissatisfied with this decision, Mr. Charles Zwennes proceeded to the Supreme Court for an order of certiorari to quash the decision of the High Court. The Supreme Court presided over by His Lordship Justice Anin-Yeboah dismissed the application and found Mr. Zwennes culpable of gross unethical conduct and injuncted him from any further participation in the legal proceedings.
Again, the High Court presided over His Lordship Justice Emmanuel Kwesi Mensah, on 22nd May, 2020, dismissed yet another application filed by Mr. Zwennes, this time for contempt against Lawyer Dennis Adjei Dwomoh and found him (Mr. Zwennes) culpable of unethical conduct and further placed an injunction on him and his law firm, Gaisie, Zwennes, Hughes and Co. from making any legal representation in the matter.
Mr. Zwennes went back to the Supreme Court for yet another certiorari application which was also dismissed and he court presided over by His Lordship Justice Jones Dotse in rendering the decision urged all lawyers to maintain dignity, honour and respect in the profession.
There is therefore no iota of truth in your reportage aforementioned and all you have done in that publication is to cast aspersions on the character of Lawyer Philip Addison.
In fact, Philip Addison, is not holding himself out as Company Secretary of Merlin Gaming Ghana Limited but was duly appointed by the majority shareholders (holding 90% shares) of his company, and has not been restrained by the court from performing his duty.
We challenge you and the source of your information to provide copies of the stack of documents relied upon to generate this unfortunate reportage or we will take the necessary legal action against you.
You have also misinformed he public on who the actual shareholders of Merlin Gaming Ghana Limited are Francis Tachie-Menson has at all material times been the majority shareholder with 80% of the shares of the company and so his involvement in the affairs of the company is undeniable. Peter Nkegbe and Eric Gbeho each hold 10% of the remaining shares of Merlin. The Criminal Investigations Department (CID), by a letter dated 30th July, 2020 cleared Mr. Tachie-Menson of every allegation leveled against him by Mr. Zwennes and Mr. Eric Gbeho. He has therefore not inserted his name onto the company’s regulations nor has he falsified any documents as indicated in your reportage. In fact, any individual with an appreciable knowledge in company Law in Ghana understands that it is impossible for anyone to just arbitrarily insert their name in a Company’s regulations.
It is evident that no verification was done before you published the inaccuracies and untruths in this reportage. In this regard, you were reckless in your publication.
We are therefore by this rejoinder, demanding an outright retraction and apology from you and further demand that this rejoinder clarifying the matters in your reportage be published to undo the damage done to our client’s reputation.
You are hereby informed that our clients demands that the above be done within three (3) days upon receipt of this rejoinder failing which we have instructions to issue proceedings for libel claiming damages commensurate with the gravity of the allegations.
Be advised accordingly.