By Our Reporter
The Legal Practitioners Disciplinary Committee (LPDC) has suspended Senior Advocate of Nigeria (SAN), Joe-Kyari Gadzama, from legal practice for three years over his handling of a legal matter involving victims of the 2001 Zaki Biam massacre in Benue State.
Another lawyer, Ocha Ulegede, was also suspended from legal practice for two years in connection with the same case.
The disciplinary action followed a petition marked BB/LPDC/1314/2024, filed by lawyer Chris Alash.
The LPDC delivered its decision on Wednesday after finding both Gadzama and Ulegede guilty of violating various provisions of the Rules of Professional Conduct for Legal Practitioners, 2023.
The committee directed that all heads of superior courts of record across Nigeria be notified of its decision and stated that the suspensions take immediate effect from the date of the judgment.
Background to the case
The disciplinary proceedings stem from the long-running legal battle over compensation for victims of the infamous Zaki Biam killings.
In October 2001, more than 200 villagers were reportedly killed after soldiers invaded several communities in and around Zaki Biam in Benue State. The military operation, which also saw widespread destruction of property, was launched in retaliation for the killing of 19 soldiers whose bodies were discovered in the area.
Following the incident, victims and survivors instituted a suit against the Federal Government at the Federal High Court in Enugu, seeking compensation for the killings, destruction of property and alleged violations of their fundamental rights.
In July 2007, Justice Lewis Allagoa awarded the plaintiffs ₦41.8 billion in damages against the Federal Government.
The Federal Government challenged the judgment at the Court of Appeal but later entered negotiations with the plaintiffs for an out-of-court settlement.
The parties eventually agreed on a settlement figure of ₦8 billion.
The compensation later became controversial following reports that the funds would be paid to the Benue State Government under the administration of then Governor Gabriel Suswam, rather than directly to the victims.
In February 2015, senior lawyers Itsay Sagay and Mike Ozekhome publicly warned the Federal Government against paying the compensation to the Benue State Government.
Gadzama rejects LPDC findings, heads for appeal
Reacting to the decision in a statement published by TVC News, Gadzama rejected the LPDC’s findings, describing the allegations against him as baseless.
He disclosed that he had instructed his legal team to file an immediate appeal, insisting that the appeal would preserve his right to continue practising pending the determination of the case.
“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,” he said.
“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.”
Gadzama maintained that he acted professionally throughout his engagement with the judgment creditors and expressed confidence that the appellate process would vindicate him.
