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NDUKWE
V.
LPDC

(2007) JELR 40063 (SC)

Supreme Court 9 Feb 2007 Nigeria
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- Supreme Court upheld the LPDC’s finding that unjustified retention of client funds by a legal practitioner constitutes infamous conduct under s.11(a) Legal Practitioners Act, warranting suspension. - The absence of a formal criminal trial

Case Details

Suit Number:SC.48/2003
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:Ubong Akpan, Esq For Appellant Dele Oye, Esq., (with him, Prisca Okonkwo, Esq.) N.J. Quakers, Esq., (with him, Chike Okafor, Esq.) For Respondent
Other Citations:Ndukwe v. LPDC (2007) 5 NWLR (Pt.1026) 1 (2007) 1-2 S.C 253 (2007) 1-2 S.C 253

W. S. N. ONNOGHEN, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Legal Practitioners Disciplinary Committee on petition No. BB/DCNB/021 delivered on the 7th day of October, 2002 pursuant to the provisions of section 12(7) of the Legal Practitioners Act, Cap. 207, Laws of the Federation, 1990 as amended by the Legal Practitioners (Amendment) Decree No.21 of 1994.

The appellant is a legal practitioner with a law firm in Abia State where he carries out his law practice. In the course of that practice, his professional services were retained by the 2nd Respondent, Mrs. Nwanna Awa Agwu, a business woman based in the Cameroon, in respect of the execution of judgment obtained in Cameroon for CFA 20,000,000.00 against three fellow Nigerians namely Ebi Erne, Ume Ukpai and Uka Mbila Philip. An agreement evidencing the transaction was entered into by the appellant and the 2nd respondent.

Appellant took steps to execute the foreign judgment at the High Court…

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