SAN Joe Gadzama Suspended From Legal Practice For 3 Years Over N8bn Zaki Biam Compensation Case
The Legal Practitioners Disciplinary Committee (LPDC) has suspended renowned lawyer, Chief Joe Kyari (J.K.) Gadzama (SAN), from legal practice for three years.
He was suspended alongside Ocha Ulegede, Esq., who bagged two years.
Both were sanctioned for hijacking the compensation case of victims of the Nigerian Army’s invasion of Zaki Biam in Benue State in 2001.
However, Gadzama (SAN) has officially expressed his intention to appeal his suspension to the Supreme Court.
The disciplinary action arose from a formal petition submitted to the LPDC by a fellow lawyer, Chris Alashi.
According to the petitioner, Gadzama and Ocha Ulegede 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, 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 suspension is coming barely a month after the Legal Practitioners’ Privileges Committee (LPPC), approved the suspension of Chief Mike Ozekhome, from the Rank of Senior Advocate of Nigeria (SAN).
The Legal Practitioners Disciplinary Committee (LPDC) is an independent body established under the Legal Practitioners Act to hear and determine allegations of professional misconduct against Nigerian lawyers.
Operating under the Body of Benchers, it has the power to penalise erring legal practitioners with suspensions or disbarment.
Gadzama, was however suspended alongside another lawyer, Ocha Ulegede, who was barred from practice for two years.
The suspension flowed from a petition marked: BB/LPDC/1314/2024, and filed by Chris Alash, a lawyer.
Delivering judgement on Wednesday, the LPDC, held that both Gadzama and Ulegede breached various provisions of the Rules of Professional Conduct for Legal Practitioners, 2023.
The committee presided by Umeh Kalu, SAN, subsequently directed that all heads of superior courts of record in Nigeria be notified of the decision.
Meanwhile, the committee said the suspensions would take effect from the date of judgement.
Recall that 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 many properties during the invasion.
The incursion was retaliation for the corpses of 19 soldiers discovered in Zaki Biam.
Following the incidence, some aggrieved victims and survivors instituted legal action against the federal government at the Federal High Court in Enugu.
They demanded compensation for the deaths, destruction of property and violations of their fundamental rights.
In July 2007, trial Judge, Justice Lewis Allagoa, awarded the plaintiffs N41.8 billion as compensation against the Federal Government.
Displeased by the decision, the Federal Government approached the court of appeal.
In another move, the Federal Government entered into negotiations with the plaintiffs to settle the case out of court, wherein the former and the latter reportedly agreed on the sum of N8 billion.
However, a controversy ensued after reports that the compensation would be paid to the Benue State Government under the then administration of Governor Gabriel Suswam, 2007 to 2015.
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.
Meanwhile, Gadzama has faulted the findings and decision of the committee, maintaining he is innocent of the allegations leveled against him.
In a statement, Gadzama claimed that the “complaint against me alleged that I improperly took over another lawyer’s brief, solicited clients and wrongfully appropriated professional fees”.
He dismissed the allegations as “unfounded”, adding that the judgement creditors sought his legal services via “written letters of instruction”.
The senior lawyer 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 read.
“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.”
