By Vivian Okejeme
The Legal Practitioner and Disciplinary Committee, (LPDC) will on September 30, give judgement in the petition against a Senior Advocate of Nigeria, SAN, Ikechukwu Ezechukwu, Barrister Smart Ukpanah and Barrister Hope Onyekwere, over alleged misconduct.
In the petition before the LPDC, they were accused of professional misconduct, criminal misrepresentation, forgery and perjury.
During the hearing of the petition, chaired by Mr Kalu Umeh, SAN, Counsel to the defendant, Barrister D. O. Okolo, prayed the court to dismiss the petition on the ground that the petitioner Kingsley Aneubuna, has decided to withdraw the petition.
The court fixed the date for judgement after listening to the submissions of defendants’ Counsel.
At the last adjourned date, the defendants had told the committee that the petitioner had no interest in the petition again.
“The petitioner was aware of the proceedings but failed to show up”, the defendants said.
According to Okolo, the petitioner forwarded a letter, notifying the committee of his intention to withdraw the petition.
He urged the committee to dismiss the petition, more particularly, as the petitioner failed to show up.
He said, “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”.
The Chairman of the panel in his response, turned down the request of Barrister Okolo, saying that the panel does not allow withdrawal of petitions already before it.
According to him, once issues have been joined, petitions can no longer be withdrawn.
“Since issues have been joined, we are obligated by the rules of this committee to adopt the processes filed by the petitioner”, the Chairman said.
The petition arose over a disputed property between Ngozika Nwaneri and Uche Okoli and his company, Multi Shelters Limited who are Claimants in (Suit No. FCT/HC/CV/1182/2018) between Uche Okoli & Ors V EFCC & Ors.
The subject matter of the suit is dispute over Plot No. 713, Cadastral zone B14, Dutse District, Abuja, where the SAN’s (1st Respondent) clients, Uche Okoli/Multi shelters Ltd and one Dr. Ngozika Nwaneri lay claim to title to the land.
The Petitioner was offered a Terrace Duplex in the disputed land in 2018 by Mr. Uche Okoli and Multi shelters Ltd who are clients of the SAN for the sum of N51,000,000.00.
Before making payment, the Petitioner and her lawyer enquired from the Senior Advocate on the status of the property and was assured that the property had a clean title that was unencumbered.
Consequent upon the assurances of the Senior Advocate, the Petitioner accepted the Offer of the Property and made the necessary payment and the parties signed Agreement for the transaction.
The duration for completion of the house was about two years over which period the Petitioner is expected to complete all payments.
The Petitioner later noticed the slow pace of work on the property and demanded to know the reason but was assured that the property will still be delivered within the agreed timeline.
In 2021, the Petitioner discovered that there was litigation over the Property in Suit No. FCT/HC/CV/1182/2018, which was filed by the Senior Advocate (1st Respondent) in March 2018, where the Court, presided over by Hon Justice Hussein Baba Yusuf (the Chief Judge of the FCT High Court), granted injunction in 2018.
The Petitioner also discovered that she had been joined in the Suit as a Co-Claimant, without her knowledge or consent, by one Barr Smart Ukpanah (the 2nd Respondent) who filed Court Processes and represented her and other Subscribers in Court without any authorization, and that one Barr Hope C. Onyekwere testified in Court on behalf of the Petitioner and others without their knowledge or authorization.
It was also alleged that the Senior Advocate brought a forged version of the Agreement his clients had with the Petitioner to Court, which had forged signature and was backdated to 2012 instead of 2018 when the genuine agreement was executed.
The Petitioner further alleged that both the forged and genuine Agreements were prepared by the 1st Respondent. who was fully aware that there was a pending litigation over the property in 2018 when the property was sold to the Petitioner and that it was based on the fraudulent misrepresentation by the 1st Respondent and his clients that the Petitioner paid money for the property.
The Petitioner later engaged a lawyer to approach the Court and have the Petitioner’s name struck out of the suit and thereafter filed a Petition against the Respondents before the LPDC in Petition No. BB/LPDC/760/2022.
The Petitioner, therefore, prayed the LPDC to investigate the Respondents who are all legal practitioners called to the Nigerian Bar, for misconduct.
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