LPDC suspends SAN Gadzama for three years over ‘misconduct’ in Zaki Biam case

The Legal Practitioners Disciplinary Committee (LPDC) has suspended Joe-Kyari Gadzama, a senior advocate of Nigeria (SAN), from legal practice for three years over the case involving victims of the Zaki Biam killings in Benue.

Ocha Ulegede, a lawyer, was also suspended from two-year legal practice over the case.

The suspension was sequel to a petition marked: BB/LPDC/1314/2024, and filed by Chris Alash, a lawyer.

The direction of the LPDC on the petition was delivered on Wednesday.

The committee found Gadzama and Ulegede liable for breaching various provisions of the Rules of Professional Conduct for Legal Practitioners, 2023.

LPDC directed that all heads of superior courts of record in Nigeria be notified of the decision.

The committee said the suspensions take effect from the date of judgment.

THE CASE

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 multiple properties during the invasion.

The incursion was retaliation for the corpses of 19 soldiers discovered in Zaki Biam.

Subsequently, some victims and survivors instituted legal action against the federal government at the federal high court in Enugu.

The victims sought compensation for the deaths, destruction of property and violations of their fundamental rights.

In July 2007, Lewis Allagoa, the judge, awarded the plaintiffs N41.8 billion as compensation against the federal government.

Displeased by the decision, the federal government approached the court of appeal.

However, the federal government entered into negotiations with the plaintiffs to settle the case out of court.

The federal government and the plaintiffs reportedly agreed on the sum of N8 billion.

The controversy began after reports that the compensation will be paid to the Benue state government under the then administration of Gabriel Suswam.

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.

Suswam was governor of Benue from 2007 and 2015.

‘ALLEGATIONS AGAINST ME UNFOUNDED’

In a statement published by TVC news, Gadzama said the “complaint against me alleged that I improperly took over another lawyer’s brief, solicited clients and wrongfully appropriated professional fees”.

The lawyer said the allegations are “unfounded”, adding that the judgment creditors sought his legal services via “written letters of instruction”.

The SAN 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 reads.

“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.” (TheCable)