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LPDC Fines Lawyer N200,000 For Stalling Client’s Case

LEADERSHIP News by LEADERSHIP News
2 years ago
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The Legal Practitioners Disciplinary Committee has fined a legal practitioner, Mr A. O. Amagwula, N200,000, for stalling the hearing of a petition against his client, Stella Oyiogu.

The Incorporated Trustees of Barewa Old Boys Association petitioned the Disciplinary Committee in 2021, alleging that Oyiogu fraudulently represented the alumni body without authorisation at the FCT High Court in a land dispute. She reportedly joined the association in the case and filed a defence on its behalf but abandoned the case, leading to a judgment against the association.

In her response,  Oyiogu claimed that she was engaged by Ibrahim Salmanu, an attorney of the alumni body and that the land in issue was revoked in 2005 without the association ever challenging the revocation.

However, in a reply, the association denied that Ibrahim Salmanu was its agent and that it had received any notice of revocation of the land allocated to it since 1983. It asserted that the land was allocated to other entities, while its title to the land was never revoked or withdrawn.

When the case came up for hearing on 13 February 2025, Mr Amagwula informed the committee that he was not ready to proceed because he had filed an affidavit showing that Ms Oyiogu and others were charged before an FCT High Court for criminal offences in relation to the same land. As such, the Disciplinary Committee lacked the jurisdiction to hear the petition against his client.

He also informed the committee that he wanted to file a preliminary objection and subpoena some witnesses, which he could not do because his client was on hospital admission.

In his ruling, the chairman of the Disciplinary Committee, Justice Is’haq Bello, retired, initially directed the counsel to pay N500,000.00 as the cost to the applicant for not being diligent in handling the case pending against his client since 2021.

However, the lawyer pleaded that he was doing the case pro bono for a professional colleague and on the grounds of leniency, the committee reduced the cost to N200,000.

He was seriously warned to guard against stalling future trials and assist his client “ whose psyche has been under torment since the petition was filed in 2021.”

The matter was adjourned to 11 March 2025 for a hearing.

Before filing the petition in 2021, the association wrote Oyiogu of Chike Onyali & Co., asking her to furnish it with a letter of authorisation to file a suit on its behalf.

In a letter dated January 29, 2021, and signed by Abba Usman Gaji, the association said, “Information and records reaching the Board of Trustees of the association revealed that you: OYIOGU STELLA C, of Chike Onyali & Co., represented, Barewa Old Boys Association (as third defendants) in the instant suit. Sometimes, in 2014, you prepared and filed. (at the FCT High Court of Justice, Abuja) Statement of Defense and Witness Statement on Oath for One IBRAHIM SALMANU, allegedly as a member of the Board of Trustees of the association.

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“It is our client’s instructions to specifically request to be furnished with your letter of instructions to represent and handle the said matter. The Association has no knowledge, record, or recollection of your briefing.”

 

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