The Legal Practitioners Disciplinary Committee (LPDC) has fixed Sept. 30 for ruling in a petition against a Senior Advocate of Nigeria (SAN), Mr Ikechukwu Ezechukwu, and two other lawyers over alleged professional misconduct.
Documents made available to NAN on Sunday in Abuja show that the other respondents are Smart Ukpanah and Hope Onyekwere.
In the petition before the LPDC, the respondents were accused of professional misconduct, criminal misrepresentation, forgery and perjury.
NAN reports that at the last sitting of the committee, counsel to the respondents, Mr D.O. Okolo, urged the committee to dismiss the petition on the grounds that the petitioner, Mr Kingsley Aneubuna had decided to withdraw it.
Okolo told the committee that the petitioner had forwarded a letter notifying it of the intention to withdraw the petition.
He argued that the petitioner was aware of the proceedings but failed to appear before the panel.
“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 committee, chaired by Mr Kalu Umeh, SAN, reserved judgment until Sept. 30 after hearing the respondents’ submissions.
At the previous sitting, the respondents had informed the committee that the petitioner was no longer interested in pursuing the matter.
According to them, the petitioner was aware of the proceedings but failed to attend.
Responding, Umeh declined the request to dismiss the petition, saying the committee’s rules do not permit the withdrawal of petitions 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 petition arose from a disputed property involving Dr Ngozika Nwaneri and Mr 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 suit was about ownership of Plot No. 713, Cadastral Zone B14, Dutse District, Abuja, over which the SAN’s clients, Okoli, Multi Shelters Limited and Nwaneri claim title.
According to the petition, the petitioner was offered a terrace duplex on the disputed property in 2018 by Uche Okoli and Multi Shelters Limited, clients of the SAN, for N51 million.
It stated that before making payment, the petitioner and the petitioner’s lawyer sought clarification from the SAN on the status of the property and were assured that it had a clean and unencumbered title.
Relying on the assurances, the petitioner accepted the offer, made the required payment and executed the agreement for the transaction.
The petition stated that the project was expected to be completed within two years, during which the petitioner was to complete payment.
It added that when the petitioner later noticed the slow pace of work and sought an explanation, assurances were given that the property would still be delivered within the agreed timeline.
According to the petition, the petitioner discovered in 2021 that litigation over the property had commenced in 2018 in Suit No. FCT/HC/CV/1182/2018, filed by the SAN, and that the court, presided over by Justice Hussein Baba-Yusuf, had granted an injunction that year.
The petitioner also alleged discovering that the petitioner had been joined in the suit as a co-claimant without consent by Ukpanah, who allegedly filed court processes and represented the petitioner and other subscribers without authorization.
It further alleged that Onyekwere testified in court on behalf of the petitioner and others without their knowledge or authorization.
The petition also alleged that the SAN tendered a forged version of the agreement between his clients and the petitioner, bearing a forged signature and backdated to 2012 instead of 2018, when the genuine agreement was executed.
It further alleged that both the forged and genuine agreements were prepared by the SAN, who allegedly knew there was pending litigation over the property when it was sold in 2018.
According to the petition, it was based on the alleged fraudulent misrepresentation by the SAN and his clients that the petitioner paid for the property.
The petitioner subsequently engaged a lawyer to apply for the petitioner’s name to be struck out of the suit before filing Petition No. BB/LPDC/760/2022 before the LPDC.
The petitioner urged the committee to investigate the respondents, all of whom he said are legal practitioners called to the Nigerian bar, for alleged professional misconduct.
