Disciplinary Committee (LPDC) has suspended Chief Joe Kyari (J.K.) Gadzama (SAN), from legal practice for a period of three years.
He was not suspended alone.
He was suspended alongside Ocha Ulegede, Esq., who was also suspended for two years.
The disciplinary action arose from a formal petition submitted to the LPDC by a fellow lawyer, Chris Alashi.
According to the Petitioner, Gadzama and his co-accused behaved in a manner inconsistent with the conduct expected of a lawyer by improperly taking over another lawyer’s brief, soliciting a client and wrongfully appropriating professional fees.
The Legal Practitioners Disciplinary Committee, through Justice Halima Ibrahim, who delivered the direction, held that both Gadzama and Ocha were liable for breaching multiple provisions of the Rules of Professional Conduct for Legal Practitioners (RPC), 2023.
Consequently, Gadzama was handed a three-year suspension, while Ocha Ulegede was suspended for two years.
The LPDC also directed the Chief Registrar of the Supreme Court, the Inspector-General of Police (IGP), and all heads of superior courts of record across Nigeria to be formally notified so as to enforce the suspension.
The case against Gadzama
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 multiple properties during the invasion.
The incursion was retaliation for the corpses of 19 soldiers discovered in Zaki Biam.
Subsequently, some victims and survivors instituted legal action against the federal government at the federal high court in Enugu.
The victims sought compensation for the deaths, destruction of property and violations of their fundamental rights.
In July 2007, Lewis Allagoa, the judge, awarded the plaintiffs N41.8 billion as compensation against the federal government.
Displeased by the decision, the federal government approached the court of appeal.
However, the federal government entered into negotiations with the plaintiffs to settle the case out of court.
The federal government and the plaintiffs reportedly agreed on the sum of N8 billion.
The controversy began after reports that the compensation will be paid to the Benue state government under the then administration of Gabriel Suswam.
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.
Suswam was governor of Benue from 2007 and 2015.
However, Gadzama (SAN) has officially expressed his intention to appeal his suspension to the Supreme Court.
In a statement, Gadzama said 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 SAN 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 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 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.”
