The Court, having considered certain affidavits filed before it and the circumstances surrounding those affidavits, formed the view that serious issues of professional conduct had arisen which warranted investigation by the Disciplinary Committee of the GLC.
Allegations against Counsel Achigbue
The essential allegation against Counsel Issa Achigbue is that he attempted to influence or persuade a witness, Kalilu Banjai, to sign an affidavit containing false information intended to deceive the Court of Appeal and thereby advance the case of his client, Momodou Camara.
It is further alleged that Counsel Achigbue prepared and filed an affidavit purportedly sworn to by a person named "Kalilu Jallow", which was later discovered to be false both in name and in content.
The Evidence Before the Committee
The material placed before the Committee includes the affidavit purportedly sworn to by "Kalilu Jallow" dated 23rd October 2024; the additional affidavit sworn to by Kalilu Banjai on 4th November 2024; the written response submitted by Counsel Issa Achigbue to the General Legal Council, and the memorandum from the Court of Appeal commenting on Counsel Achigbue's response.
Kalilu Banjai, in his sworn affidavit categorically denied ever making, signing, or swearing the affidavit attributed to "Kalilu Jallow".
Counsel Achigue's Explanation
In his written response to the General Legal Council, Counsel Achigbue denied attempting to influence or persuade the witness to deceive the Court of Appeal. He contended that the affidavit was initially prepared based on information supplied by his client, Momodou Camara, who claimed that the witness had agreed to the contents of the affidavit.
He further explained that after the affidavit had been filed, his client informed him that the surname of the witness had been incorrectly stated as "Jallow" instead of "Banjai".
Observations of the Court of Appeal
The Court of Appeal, having considered the response of Counsel Achigbue, expressed the view that a legal practitioner ought not to prepare an affidavit for a witness whom he has neither interviewed nor met in order to verify the facts contained therein.
The Court considered that such conduct, if established, would be highly detrimental to the administration of justice.
The Ethical Duties of a Legal Practitioner
The GLC said the professional conduct of legal practitioners in The Gambia is governed by the Code of Conduct for Legal Practitioners 2011. The GLC cited section 8 of the code.
“Section 36(2) of the Code provides in clear and uncompromising terms that a legal practitioner must never deceive the court. Section 37 emphasises that the duty owed by a legal practitioner to the court always overrides the interests of the client,” GLC said in its ruling.
Professional Misconduct
The GLC said the cumulative effect of these actions leads the Committee to the inescapable conclusion that Counsel Achigbue acted in a manner inconsistent with the ethical obligations of a legal practitioner.
The GLC said that by preparing and filing an affidavit without verifying the identity or instructions of the deponent, Counsel Achigbue acted recklessly and irresponsibly.
“Such behaviour constitutes a clear violation of Section 36(2) of the Code of Conduct. Furthermore, by prioritising the interests of his client over his duty to the court, Counsel Achigue breached Section 37 of the Code,” the GLC stated.
The GLC Disciplinary Committee’s punishment against Achigbue
The Committee ruled that Counsel Achigbue is reprimanded for professional misconduct. He is suspended from legal practice for a period of one year. He shall pay a fine of D100,000.00 to the General Legal Council within three months from the date of the decision.
The GLC also said Counsel Issa Achigue shall be placed under the supervision of a senior legal practitioner of no less than 10 years standing approved by the General Legal Council for a period of 18 months.
“Failure to comply with the financial penalty within the stipulated time shall constitute grounds for further disciplinary action,” the GLC ruled.
The GLC said the integrity of the justice system depends not only upon the impartiality of judges but also upon the honesty and professionalism of the lawyers who appear before them.
The GLC said when a legal practitioner places false or misleading material before a court, the consequences extend far beyond the interests of the parties involved. Such conduct undermines the rule of law itself.
“The sanction imposed in this case is intended not merely as punishment but as a clear affirmation that the legal profession in The Gambia demands the highest standards of integrity, candour, and respect for the administration of justice,” the GLC stated.
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