Louis Achi
The Legal Practitioners Disciplinary Committee (LPDC) has barred Senior Advocate of Nigeria, Mr Joe-Kyari Gadzama, from legal practice for three years, over acts considered as professional misconduct in the case involving victims of the Zaki Biam killings in Benue.
The suspension is coming barely a month after the Legal Practitioners’ Privileges Committee (LPPC), approved the suspension of Chief Mike Ozekhome, from the Rank of Senior Advocate of Nigeria (SAN).
The Legal Practitioners Disciplinary Committee (LPDC) is an independent body established under the Legal Practitioners Act to hear and determine allegations of professional misconduct against Nigerian lawyers.
Operating under the Body of Benchers, it has the power to penalize erring legal practitioners with suspensions or disbarment.
Gadzama, was however suspended alongside another lawyer, Ocha Ulegede, who was barred from practice for two years.
The suspension flowed from a petition marked: BB/LPDC/1314/2024, and filed by Chris Alash, a lawyer.
Delivering judgment on Wednesday, the LPDC, held that both Gadzama and Ulegede breached various provisions of the Rules of Professional Conduct for Legal Practitioners, 2023.
The committee presided by Umeh Kalu, SAN, subsequently directed that all heads of superior courts of record in Nigeria be notified of the decision.
Meanwhile, the committee said the suspensions take effect from the date of judgment.
Recall that in October 2001, over 200 villagers were killed after soldiers invaded several communities in and around the Zaki Biam area of Benue State.
The troops destroyed many properties during the invasion.
The incursion was retaliation for the corpses of 19 soldiers discovered in Zaki Biam.
Following the incidence, some aggrieved victims and survivors instituted legal action against the federal government at the Federal High Court in Enugu.
They demanded compensation for the deaths, destruction of property and violations of their fundamental rights.
In July 2007, trial judge, Justice Lewis Allagoa, awarded the plaintiffs N41.8 billion as compensation against the federal government.
Displeased by the decision, the federal government approached the court of appeal.
In another move, the federal government entered into negotiations with the plaintiffs to settle the case out of court, wherein the former and the latter reportedly agreed on the sum of N8 billion.
However, a controversy ensued after reports that the compensation will be paid to the Benue State Government under the then administration of Governor Gabriel Suswam who was governor of Benue from 2007 and 2015.
In February 2015, two senior lawyers — Itsay Sagay and Mike Ozekhome — warned the federal government against paying the N8 billion Zaki Biam massacre victims’ funds to Suswam’s government.
Meanwhile, Gadzama has faulted the findings and decision of the committee, maintaining he is innocent of the allegations leveled against him.
In a statement published by TVC news, Gadzama claimed that the “complaint against me alleged that I improperly took over another lawyer’s brief, solicited clients and wrongfully appropriated professional fees”.
The lawyer said the allegations are “unfounded”, adding that the judgment creditors sought his legal services via “written letters of instruction”.
The senior lawyer said he had instructed his legal team to file an appeal immediately.
“I have been informed that the Committee found against me and directed that I be suspended from legal practice for a period of three years,” the statement read.
“While I am yet to receive or review the certified true copy of the direction, I have instructed my legal team to file an immediate appeal.
“I wish to reassure my clients, colleagues, friends and the general public that, upon the filing of the appeal within the time prescribed by law, my right to practise as a legal practitioner remains unaffected pending the final determination of the appeal, in accordance with the provisions of the Legal Practitioners Act.
“The complaint against me alleged that I improperly took over another lawyer’s brief, solicited clients and wrongfully appropriated professional fees. Those allegations are, with respect, unfounded.
“I was retained directly by the Judgment Creditors through written letters of instruction and acted throughout strictly in accordance with that professional retainer.
“In my respectful view, the documentary evidence before the Committee does not support the findings made against me.”
Only last month, the LPPC directed Ozekhome from using the title of SAN, pending the final determination of disciplinary proceedings against him.
The decision according to the committee was made pursuant to Paragraph 26(6) of the Guidelines for the Conferment of the Rank of Senior Advocate of Nigeria and All Matters Pertaining to the Rank, pending the final determination of the disciplinary proceedings, presently before the Disciplinary and Ethics Sub-Committee of the LPPC and other proceedings.
A statement by the Chief Registrar of the Supreme Court of Nigeria and Secretary, LPPC, Kabir Eniola Akanbi, had claimed that the suspension was “intended to safeguard the integrity, dignity, and prestige of the Rank of Senior Advocate of Nigeria while due consideration is given to the matters under review”.
It read in part, “Accordingly, Chief Mike Ozekhome, shall refrain from parading himself, presenting himself, or otherwise holding himself out as a Senior Advocate of Nigeria pending the final determination of the disciplinary proceedings.
“The LPPC remains committed to upholding the highest standards of professional ethics, integrity, and discipline within the legal profession and to ensuring that the Rank of Senior Advocate of Nigeria continues to command public confidence and respect”, the statement read in part.