LPDC suspends SAN Gadzama for three years over client poaching

The Legal Practitioners Disciplinary Committee has suspended Senior Advocate of Nigeria, Joe-Kyari Gadzama, from legal practice for three years after finding him guilty of professional misconduct involving the poaching and hijacking of clients.

In a 70-page certified true copy of its decision, the LPDC held that Gadzama violated Rules 1, 27(1) and 29(1)(b) of the Rules of Professional Conduct for Legal Practitioners, 2023.

The committee also suspended lawyer Ocha P. Ulegede from legal practice for two years after finding him liable for misconduct under Rule 1 of the same rules.

The disciplinary proceedings arose from a petition filed by lawyer Chris Alashi over the representation of judgment creditors in the long-running litigation involving compensation awarded to victims of the 2001 Zaki-Biam military invasion in Benue State.

The LPDC found that Gadzama improperly assumed representation of clients who were already represented by Alashi, Ulegede and Senior Advocate of Nigeria, Sebastine Hon.

In reaching its decision, the committee relied on affidavits, court records and other documentary evidence spanning several years.

One of the key pieces of evidence was the affidavit of judgment creditor Mbayemen Masewuan, who alleged that she and other beneficiaries were taken to Gadzama’s office and persuaded to abandon their existing lawyers with promises that he would facilitate payment of their compensation.

According to the affidavit, one Patrick Twar, in Gadzama’s presence, allegedly promised her a monthly payment of ₦20,000 until the judgment debt was settled and handed her ₦15,000 alongside campaign materials.

The committee held that the surrounding circumstances established a clear case of client poaching despite Gadzama’s denial.

It also relied on disclaimer affidavits from several judgment creditors who insisted they never instructed Gadzama to represent them and reaffirmed that their lawyers remained Alashi, Ulegede and Sebastine Hon.

The LPDC noted that some of the judgment creditors later withdrew appeals filed in their names, stating that the suits had been instituted without their authority, and accused Gadzama of refusing to withdraw the matters despite their instructions.

According to the committee, documentary evidence showed that Gadzama continued to pursue the litigation even after receiving notices withdrawing his authority to act.

The LPDC held that lawyers have a professional obligation to deal fairly with one another and must not poach clients already represented by other counsel.

It cited Rule 27 of the Rules of Professional Conduct, which requires an incoming lawyer to notify existing counsel before accepting instructions from a represented client and to ensure that any outstanding professional fees are settled.

While acknowledging that litigants are free to choose their legal representatives, the committee concluded that the evidence did not support Gadzama’s claim that he acted solely on valid instructions from the judgment creditors.

However, the LPDC dismissed allegations that Gadzama improperly influenced the court, ruling that there was insufficient evidence to support that claim.

The committee also declined Alashi’s request for payment of outstanding professional fees, holding that such claims fall outside its jurisdiction and should be pursued before the regular courts.

Consequently, the LPDC ordered Gadzama’s suspension from legal practice for three years and Ulegede’s suspension for two years.

It directed the Chief Registrar of the Supreme Court to enter the sanctions in the Roll of Legal Practitioners and notify the Chief Justice of Nigeria, the President of the Court of Appeal, heads of superior courts, the Nigerian Bar Association, the Attorney-General of the Federation, state attorneys-general and other relevant judicial authorities for compliance.