Senior Advocate of Nigeria, Joe-Kyari Gadzama has rejected the decision of the Legal Practitioners Disciplinary Committee, LPDC, directing his suspension from legal practice for three years, describing the ruling as unsupported by the evidence and applicable law.
In a statement issued on Wednesday, Gadzama said he had instructed his legal team to immediately appeal the LPDC’s decision in Complaint No. BB/LPDC/1314/2024, filed by Chris Alashi against him and Ocha P. Ulegede, Esq.
Although he said he was yet to receive the Certified True Copy of the committee’s direction, Gadzama maintained that, under Section 11(8)(a) of the Legal Practitioners Act, filing an appeal within the prescribed period automatically stays the implementation of the disciplinary direction pending the determination of the appeal.
“I hold the institutions established to regulate the legal profession in the highest regard and remain firmly committed to the rule of law. However, I respectfully disagree with the Committee’s decision and firmly believe that it is not supported by the evidence or the applicable law,” he stated.
Gadzama explained that the complaint against him alleged that he improperly took over another lawyer’s brief, solicited clients and wrongfully appropriated professional fees.
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He denied the allegations, insisting that he was directly retained by the judgment creditors through written letters of instruction and acted strictly within the scope of that professional engagement.
He further argued that the dispute was essentially one involving legal representation and professional fees, contending that the disciplinary process was not the appropriate forum for resolving such disagreements.
Expressing confidence in the judicial process, the senior lawyer said he believes the Supreme Court will carefully examine both the legal and factual issues raised in the matter and reach a just decision.
He also reassured his clients, colleagues and the public that his right to practise law remains unaffected pending the outcome of his appeal, in line with the provisions of the Legal Practitioners Act.
The LPDC is the statutory body responsible for hearing allegations of professional misconduct against legal practitioners in Nigeria. Where it finds a lawyer guilty of infamous conduct in a professional respect, it may impose sanctions ranging from admonition and suspension to striking the lawyer’s name off the Roll of Legal Practitioners.
However, decisions of the committee are subject to appeal to the Supreme Court, and where an appeal is filed within the time allowed by law, the disciplinary direction does not take effect until the appeal is determined.
Gadzama is one of Nigeria’s most prominent legal practitioners and has built a reputation over several decades in litigation, arbitration and alternative dispute resolution.
The Offences by SAN
The disciplinary proceedings against Gadzama arose from a long-running dispute over the representation of judgment creditors in the Benue invasion compensation case, in which victims had obtained a multibillion-naira judgment against the Federal Government.
According to Gadzama’s own statement and records from earlier court proceedings, the complaint filed by Chris Alashi before the Legal Practitioners Disciplinary Committee accused him of professional misconduct on several grounds.
The allegations are improperly taking over another lawyer’s brief while the original counsel, Ocha P. Ulegede, was allegedly still representing the clients; soliciting clients who were already represented by another legal practitioner, contrary to the Rules of Professional Conduct; wrongfully appropriating or interfering with professional fees allegedly due to the previous counsel and acting in a manner said to amount to brief snatching and professional misconduct during the dispute over who had authority to represent the judgment creditors.
Credible News recalls that the dispute dates back to litigation over compensation awarded to victims of military operations in Benue State. The original judgment was reportedly valued at over ₦41.8 billion. While Ocha Ulegede negotiated a settlement of ₦8 billion with the Federal Government, a faction of the judgment creditors claimed they had already withdrawn his instructions and subsequently retained Gadzama to challenge the settlement and pursue recovery of the full judgment sum.
The disagreement over who validly represented the clients led to multiple court proceedings and eventually to petitions before the Nigerian Bar Association and, later, the LPDC. An earlier petition against Gadzama was reportedly dismissed by the NBA before the matter ultimately proceeded before the LPDC.
Gadzama has consistently denied any wrongdoing. He maintains that he was directly retained by the judgment creditors through written letters of instruction and that he did not solicit the clients or unlawfully take over another lawyer’s brief.
The dispute was essentially about legal representation and professional fees, which he argues should not have been treated as a disciplinary matter.
Crediblenewsng.com
