CaseLaw
Okike V. LPDC (2005) CLR 7(a) (SC)
Judgement delivered on July 15th 2005
Brief
Facts
The Appellant is a legal practitioner. He was accused by one of his clients, Kaiyou system Ltd. of receiving an amount of money on behalf of the client which he failed to pay to his said client. The client is a foreign based company. The total amount received by the Appellant on behalf of his said client was N14,500,000. As all efforts made by the client to recover the money from the Appellant failed. The company therefore sought the assistance of one Alhaji Salisu Mohammed to assist in recovering the money from the Appellant. To that end, the company gave a power of attorney to the said Alhaji Salisu Mohammed. Armed with the power of attorney given to him by the foreign company, Alhaji Salisu Mohammed contacted the Appellant and demanded for the money he collected on behalf of his said client. The Appellant did not deny receiving the money on behalf of his said client, but he appealed to Alhaji Salisu Mohammed to give him time to source for the money so that he could pay up the said amount. According to the evidence given at the hearing before the Legal Practitioners Disciplinary Committee (hereinafter referred to as the committee), Alhaji Salisu Mohammed told the committee, inter alia, that the Appellant had since his appointment as Mr. Kaiharas attorney, paid to him N70,000 out of the total amount the Appellant collected on behalf of his said client. The man said further that the N70,000 was, in fact paid in three installments. The Appellant thereafter pleaded with Alhaji Salisu Mohammed that he should allow him (Appellant) more time to pay "as he had properties including generators to sell" which would enable him raise the balance of US $123,000.
This was the position when Alhaji Salisu Mohammed decided to seek the assistance of the Hon. Chief Justice of Nigeria through a petition he sent to the Hon. Chief Justice.
This was the position when Alhaji Salisu Mohammed decided to seek the assistance of the Hon. Chief Justice of Nigeria through a petition he sent to the Hon. Chief Justice.
The Hon. Chief Justice referred the petition to the Nigerian Bar Association. It is the same petition that was finally referred to the Legal Practitioners Disciplinary Committee for action. On receipt of the complaint, the committee wrote to the Appellant inviting him to appear before the committee. It enclosed copies of the petition and other related documents in its possession along with the letter. The Appellant received the letter, but instead of appearing before the committee, he replied by raising objections on various grounds among which is that the procedure adopted by the committee was not in accordance with the rules. He also queried the validity of the power of attorney issued to Alhaji Salisu Mohammed.
The committee reacted by telling the Appellant in another letter that all his objection were matters the Appellant could raise when he appeared before the committee. He was then again given another date on which he was to appear and present his defence to the allegation made against him. But he again failed to honour the invitation.
However, when the Appellant refused to honour several invitations sent to him, the committee decided to proceed with his matter in his absence in line with its rules.
During the hearing before the committee, evidence was taken from Alhaji Salisu Mohammed. At the hearing the committee came to the conclusion that the Appellant was guilty of professional misconduct. The committee then gave the following directions.