The Legal Practitioners Disciplinary Committee (LPDC) has fixed September 30 for ruling on a petition accusing a Senior Advocate of Nigeria (SAN), Ikechukwu Ezechukwu, and two other lawyers of professional misconduct.
Naijaonpoint understands that other respondents are Smart Ukpanah and Hope Onyekwere.
The petition contains allegations of criminal misrepresentation, forgery, perjury and other acts said to be inconsistent with the professional obligations of legal practitioners.
The committee, chaired by a Senior Advocate of Nigeria, Kalu Umeh, reserved its decision after hearing submissions from counsel to the respondents.
At the latest sitting, counsel to the respondents, D.O. Okolo, urged the committee to dismiss the petition, arguing that the petitioner, Kingsley Aneubuna, had indicated that he no longer wished to pursue the matter.
Okolo told the panel that Aneubuna had sent a letter notifying the committee of his intention to withdraw the petition.
“The petitioner forwarded a letter notifying the committee of the intention to withdraw the petition.
“The petitioner is very much aware of the proceedings but is not before the panel,” he said.
The respondents had made a similar submission at the previous sitting, maintaining that the petitioner was aware of the proceedings but failed to attend.
Umeh, however, declined the request to dismiss the matter, holding that the committee’s rules did not permit withdrawal after issues had been joined.
“Since issues have been joined, we are obligated by the rules of this committee to adopt the processes filed by the petitioner,” he said.
The panel consequently reserved its ruling until September 30.
The petition arose from a dispute over Plot No. 713, Cadastral Zone B14, Dutse District, Abuja.
The property is also the subject of Suit No. FCT/HC/CV/1182/2018, involving Uche Okoli, Multi Shelters Limited, the Economic and Financial Crimes Commission (EFCC) and other parties.
According to the petition, Okoli, Multi Shelters Limited and Dr Ngozika Nwaneri, who were represented by Ezechukwu, claimed ownership of the property.
Aneubuna alleged that he was offered a terrace duplex on the property in 2018 for ₦51m by Okoli and Multi Shelters Limited.
Before making payment, he said he and his lawyer sought clarification from Ezechukwu about the status of the property and were assured that the title was clean and free from encumbrances.
The petitioner said he relied on the assurances, paid the required amount and executed an agreement for the transaction.
The petition stated that the project was expected to be completed within two years, during which the petitioner was to finish payment.
Aneubuna alleged that he later became concerned about the slow pace of construction but was repeatedly assured that the property would be delivered within the agreed period.
He said he discovered in 2021 that litigation concerning the property had commenced in 2018 and that an injunction had been granted by Justice Hussein Baba-Yusuf.
The petitioner also alleged that his name had been included as a co-claimant in the suit without his approval.
He accused Ukpanah of filing court processes and representing him and other subscribers without authorisation.
Onyekwere was also accused of testifying in court on behalf of the petitioner and other subscribers without their knowledge or consent.
The petition further alleged that Ezechukwu tendered a forged version of the agreement between the petitioner and his clients.
According to Aneubuna, the disputed document contained a forged signature and was backdated to 2012 instead of 2018, when the genuine agreement was executed.
He also alleged that both the disputed and genuine agreements were prepared by the SAN, who knew that litigation over the property was pending when the transaction was concluded.
The petitioner claimed that he paid for the property based on alleged misrepresentations made by the respondents and their clients.
He subsequently engaged another lawyer to apply for his name to be removed from the court case before filing Petition No. BB/LPDC/760/2022.
Recall that the LPDC recently suspended a Senior Advocate of Nigeria (SAN), Joe-Kyari Gadzama, from legal practice for three years, over his roles in the case involving victims and survivors of the 2001 military attack on Zaki Biam in Benue State.
The LPDC gave “the direction” on a petition brought against him by Chris Alash, a lawyer who accused Gadzama of unprofessional and unethical practices regarding the Zaki Biam case.
It suspended another lawyer, Ocha Ulegede, who was also accused in the petition, from legal practice for two years, TheCable reported.
