Lawyer fined ₦200,000 for stalling petition over alleged fraudulent representation of BOBA
The Legal Practitioners Disciplinary Committee has slammed a cost of ₦200,000 on a legal practitioner, Mr A. O. Amagwula, for stalling the hearing of a petition against his client, Stella Oyiogu.
The Incorporated Trustees of Barewa Old Boys Association BOBA petitioned the Disciplinary Committee in 2021 alleging that Oyiogu fraudulently represented the alumni body at FCT High Court in a land dispute, without authorisation.
She reportedly joined the association in the case, filed a defense on its behalf but abandoned the case leading to a judgment against the association.
In her response,
Oyiogu claimed that she was engaged by one Ibrahim Salmanu, who was an attorney of the alumni body, and that the land in issue was revoked in 2005 without the association ever challenging the revocation.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 receiving any notice of revocation of the land that was 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 It asserted that the land was allocated to other entities while its title to the land was never revoked or withdrawn.
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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 and 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 subpoen 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 ₦500,000.00 as cost to the applicant for not being diligent in handling the case that has been pending against his client since 2021.
However, the lawyer pleaded that he was doing the case pro bono for a professional colleague and on ground of leniency, the Committee reduced the cost to ₦2000,000.
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 hearing.
Before filing the petition In 2021, Association wrote Oyiogu, of Chike Onyali & Co., asking her to furnish it with 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 board of Trustees of the Association.
“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 have no knowledge, record nor recollection, whatsoever of your bnefing. “
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