Ke Umazi Ndukwe V The Legal Practitioners Disciplinary Committee (2007)

LAWGLOBAL HUB Lead Judgment Report

W.S.N. ONNOGHEN, J.S.C.

This is an appeal against the decision of the Legal Practitioners Disciplinary Committee on Petition No.BB/DCNB/021 delivered on the 7th day of October 2002 pursuant to the provisions of section 12(7) of the Legal Practitioners Act, Cap. 207 Laws of the Federation 1990 as amended by the Legal Practitioners (Amendment) Decree No. 21 of 1994. The appellant is a legal practitioner with a law firm in Abia State where he carries out his law practice. In the course of that practice his professional services were retained by the 2nd respondent, Mrs. Nwanna Awa Agwu, a business woman based in the Cameroon, in respect of the execution of judgment obtained in Cameroon for CFA 20,000,000.00 against three fellow Nigerians namely Ebi Erne, Ume Ukpai and Uka Mbila Philip. An agreement evidencing the transaction was entered into by the appellant and the 2nd respondent. Appellant took steps to execute the foreign judgment at the High Court of Abia State, holden at Ohafia in the process of which he recovered only N25,000.00 out of the total judgment debt. The appellant discontinued the proceedings against the 3rd defendant Uka Mbila Philip in circumstances which the 2nd respondent considered controversial. The sum of N25.000.00 recovered was from fifa and sale of the movable property of the judgment debtors. The 2nd respondent eventually lost confidence in the appellant’s conduct of the case and consequently debriefed him but the appellant refused and or neglected to pay the 2nd respondent the N25.000.00 recovered from the sale of movable assets of the said judgment debtors or any part thereof, inspite of repeated demands. At the end the 2nd respondent petitioned the office of the Chief Justice of Nigeria which petition was forwarded to the Nigerian Bar Association for investigation at the end of which the said Bar filed a complaint against the appellant with the 1st respondent on allegations of professional misconduct.

The complaint, as reproduced by the appellant in the Appellant’s Amended Brief of Argument deemed filed by this Court on 16/11/06 at page 6 thereof and relevant to the proceedings, is inter alia, that:

“In his capacity as a Legal Practitioner for the Petitioner he recovered the sum of N25,000.00 in part settlement of judgment debt but refused to pay it over to the Petitioner.”

At the conclusion of the hearing by the 1st respondent a decision was handed down on the 7th day of October 2002 in which the 1st respondent found the appellant guilty of infamous conduct in a professional respect pursuant to the provisions of section 11(a) of the Legal Practitioners Act, Cap. 207, Laws of the Federation 1990 and suspended the appellant from the Bar with a direction that appellant should not engage in practice as a legal practitioner for a period of one year effective from the 7th day of October, 2002. Appellant is dissatisfied with that decision and has consequently appealed against same to this Court. In the Appellant’s Amended Brief of Argument settled by learned counsel for the appellant, Ubong Esop Akpan Esq and deemed filed on 16/11/06 which was adopted in argument of the appeal, the following four issues have been identified for the determination of the appeal:

“(1) Whether the first complaint against the Appellant before the LPDC amounted to a crime (Ground 4). (2) Whether the LPDC proceedings were initiated by due process of law (Ground 3) (3) Whether the LPDC was in the circumstances of this case properly constituted when it made its finding of guilt against the appellant (Ground 1 and 2) (4) Whether the actual decision of 7th October 2002 was lawful, credible and sustain able. (Grounds 5, 6 and 7).”

On the other hand learned counsel for the 1st respondent. DELE OYE Esq. in the 1st respondent’s brief of argument deemed filed on 27/4/06 identified two issues for determination. These are as follows:

“(a) Whether the decision of this Court in M.D.P.D.T v. Okonkwo (2001) 7 NWLR (Pt. 711) 206 is applicable in the circumstances of this case, even though there was an allegation of misconduct (against the appellant) which would appear to have criminal implications. (b) Whether in the circumstances of this case there had been a breach of the Appellant’s right to a fair trial capable of vitiating the hearing and determination reached on the allegation of professional misconduct raised against the appellant herein.”

Looking at the 2nd Respondent’s Amended Brief of Argument deemed filed on 27/4/06 settled by N.I. QUAKERS Esq, of counsel the following three issues have been identified for determination.

“i. Whether the finding of the. LPDC on the 2nd respondent’s petition amounted to a finding of guilt for the offence of stealing

ii. Whether there is any feature in the proceedings before the LPDC, especially the absence of a formal charge and the composition of the LPDC on the day it delivered its ruling, that amounted to a denial of fair-hearing to the Appellant to invalidate the decision of the LPDC finding the appellant guilty of infamous conduct in a professional respect

iii. Whether the decision being appealed is supported by the weight of evidence before the LPDC?” In arguing appellant’s, issue No.1 learned counsel for the appellant O.E. AKPAN Esq. referred the court to pages 2, 23 and 26 of the record where the first complaint against the appellant is stated and submitted that three elements appear from the complaint and that these are:

“1st that E.U. Ndukwe acted as Legal Practitioner to the petitioner. 2nd, that E.U. Ndukwe, in that capacity recovered and held N25,000 on behalf of the petitioner; 3rd, that E.U. Nkdukwe refused to pay the N25,000 over to the petitioner;” and that they allege that the appellant came into possession of N25.000 with the initial consent of the petitioner, but that he thereafter dealt with that sum:

(a) in a manner inconsistent with the petitioner’s title to it, and