…Allegations are unfounded, Gadzama
The Legal Practitioners and Disciplinary Committee (LPDC) has suspended a Senior Advocate of Nigeria (SAN) Chief Joe Kyari Gadzama and another lawyer, Ocha Ulegede, for three years and two years respectively, from law practice over complaints arose from a petition, numbered, BB/LPDC/1314/2024, filed by a lawyer, Chris Alashi.
The LPDC suspended them over their roles in the case, which was deemed misconduct.
Justice Halima Ibrahim, who delivered the judgment of the committee held that, the LPDC found the Respondents, Ocha Ulegede, Esq and J. K. Gadzama, SAN, liable for being in breach of various Rules of Professional Conduct for Legal Practitioners, 2023.
The LPDC consequently suspended Ocha Ulegede, Esq, from legal practice for two years with effect from the date of delivery of the judgment.
Gadzama, SAN, was suspended from legal practice for a period of three years from the date of the judgment.
The LPDC also directed that all the heads of superior courts of record in Nigeria should be notified of the direction.
The committee also said the Inspector General of Police (IGP) should be formally notified of the suspension of the erring lawyers from legal practice.
The court case over compensation for the Zaki Biam killings arose from the military operation carried out in Benue State in October 2001, following the killing of 19 soldiers.
During the operation, soldiers invaded Zaki Biam and the surrounding communities, resulting in the deaths of hundreds of civilians and widespread destruction of property.
A group of survivors, alongside 13 other victims, sued the federal government at the Federal High Court in Enugu seeking a compensation for the deaths, destruction of property and alleged violations of their fundamental rights.
The plaintiffs were represented by lawyers including Sebastian Hon (SAN), Ocha Ulegede and Chris Alashi.
On July 5, 2007, Justice Lewis Allagoa of the Federal High Court, Enugu, awarded the plaintiffs N41.8 billion as compensation against the federal government.
The federal government appealed the judgment to the Court of Appeal, but later entered negotiations with the plaintiffs to settle the matter out of court.
During the negotiations, the parties reportedly agreed to reduce the compensation from N41.8 billion to N8 billion.
The proposed settlement later became the subject of reports that the compensation would be paid through the Benue State Government under then-Governor Gabriel Suswam.
The plaintiffs and their lawyers objected, arguing that the money should be paid directly to the successful litigants because the state government was not a party to the suit. They also noted that the court had not yet adopted the out-of-court settlement.
Meanwhile, Gadzama had said in a statement that the, “complaint against me alleged that I improperly took over another lawyer’s brief, solicited clients and wrongfully appropriated professional fees.
“The allegations are unfounded. The judgment creditors sought his legal services via written letters of instruction”, he said and added that, 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 reads.
“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 practice 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”, Gadzama stated in the statement.
END
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