Charles Okike V. The Legal Practitioners Disciplinary Committee (2005)

LAWGLOBAL HUB Lead Judgment Report

DAHIRU MUSDAPHER, JSC

This is an appeal against the “direction” or decision of the Legal Practitioners Disciplinary Committee of the Body of Benchers established under section 11(1) of the Legal Practitioners Act Cap.207 as amended, by Legal Practitioners [Amendment] Act No. 21 of 1994 and brought to this court in pursuance of section 12 (7) thereof. The “direction” was given by the Committee in its proceedings No BB/DCNB/016 of 3rd April, 2003 whereby the appellant Mr. Charles Okike, was to have his name struck off from the Roll of Legal Practitioners. The appellant was further ordered to refund to his client, through the petitioner, the sum of 123,000 United State Dollars. The money he misappropriated and refused to pay to his client. The matter started as the result of the petition written by one Alhaji Salisu Mohammed dated the 27th of September, 2000, addressed to the Chief Justice of Nigeria. The petitioner alleged that the appellant as a legal practitioner and representing a Japanese Company called KAIYOU SYSTEMS LTD misappropriated the sum of N14,500,000.00 which he received on behalf of his client. The petitioner claimed to be a donee of a power of attorney granted by the Japanese company aforesaid empowering him to collect the money. The Chief Justice of Nigeria forwarded the petition to the President of the Nigerian Bar Association for investigation. In his letter dated the 21st day of May, 2001, the President of the Nigerian Bar Association sent a copy of the petition to the appellant requesting him to “furnish us with your written response to the allegation.” The response was to be forwarded direct to the Nigerian Bar Association Disciplinary Committee, “Through its chairman, Chief Bandele Aiku SAN,” The appellant was given 21 days within which to react to the allegations made against him. On the 27th June, 2001, the appellant made his responses to the allegations direct to the Chairman of the Nigerian Bar Association Disciplinary Committee.

In pursuance of Rule 2A (2) and Rule 3 of Legal Practitioners Disciplinary Committee Rules L.N. 69 of 1965 as amended by section 117 of 1994, the Nigerian Bar Association Disciplinary Committee Communicated its decision to the Secretary of the Legal Practitioners Disciplinary Committee, which had been established under section 11 (1) of the Legal Practitioners Act, as amended, aforesaid.

The Nigerian Bar Association Disciplinary Committee after duly considering “all the available materials and felt satisfied that a prima facie case of misconduct” was established against the appellant wrote a letter addressed to the Secretary of the Legal Practitioners Disciplinary Committee dated 19/10/1991 enclosing the petition and all the relevant materials it considered relevant in its deliberations. The Chief Justice of Nigeria was also sent copy of the letter so that he might “consider the need to exercise his power of suspension of the legal practitioner under section 13(2) of Legal Practitioners Act ”.

In its letter of 2nd May, 2002, the Legal Practitioners Disciplinary Committee, under its powers pursuant to Section 11 (1) of the Legal Practitioners Act as amended, summoned the appellant to appear before its from the 18th – 20th days of June, 2002 when it would consider the petition laid against him. The Committee also enclosed a copy of the petition for the response of the appellant. The appellant on the 5th of June, 2002, addressed a letter to the Secretary of the Disciplinary Committee as follows: –

“RE: BB/DCNB/016 CHARLES OKIKE ESQ

I humbly acknowledge receipt of a notice dated the 2nd day of May which was received on the 17th May, 2002 inviting me to respond and defend myself against allegations contained in the petition of one ALHAJI SALISU IBRAHIM MOHAMMED, A copy of the petition dated 27th September 2000 and two of the petition’s supporting documents were also received by me.

I feel constrained to immediately point out only a few relevant facts as follows:-

That by a letter dated 2nd October, 2000, a copy of the said complaint was forwarded to the Nigerian Bar Association by the Chief Justice of Nigeria for investigation in accordance with relevant rules.

That by a letter dated 21st May, 2001, the President of the Nigerian Bar Association asked me to respond to the allegations in the said petition as part of their investigation activities. A copy of the said petition was enclosed together with 8 supporting documents in contrast to the same petition you annexed to your notice which has only two supporting documents,

That by a letter dated 27th June, 2001, I duly and effectively responded to the petition since your notice does not refer to exhibit the report of the Nigerian Bar Association investigation, nor the charges in which the NBA is of the opinion that a prima facie case has been made, I must humbly ask; at whose report, on whose authority and on what grounds this complaint is being listed for hearing from the 18th to 20th June, 2002, by the Legal Practitioners Disciplinary Committee of the Body of Benchers?

I find, the above anomalies even more disturbing and strange because in my response to the NBA investigation, I stated quite clearly that the Power of Attorney on which the said ALHAJI SALISU IBRAHIM MOHAM-MED based his petition is forged and that he does not have the permission or consent of my client, MR. KAIHARA of KAIYOU SYSTEMS INC to present this petition or continue to harass or intimidate me in his name.

In the circumstances, I would humbly ask these obvious and serious substantive and procedural anomalies and irregularities be investigated and cleared up as soon as possible. Thanks.

Yours faithfully