LPDC suspends lawyer for two years over malicious petition against Ayodele Kusamotu

The Legal Practitioners Disciplinary Committee (LPDC) has imposed a two-year suspension on Chijioke Ugochukwu Onyeneke for “infamous conduct in the course of performance of his duty as a legal practitioner”.

Onyeneke was suspended following an application filed in February 2021 by Ayodele Kusamotu, a lawyer.

The LPDC is the body established by law to handle disciplinary cases involving Nigerian lawyers.

THE APPLICATION

In the application filed by Kusamotu, the lawyer said Onyeneke wrote a petition dated June 12, 2018 to the Nigeria Police Force (NPF) to accuse him of engaging in fraudulent activities with Hexing Electrical Company Ltd.

In his petition, Onyeneke alleged that Kusamotu is a “crony being used to execute fraudulent activities with his client” — Hexing Electrical Company Ltd against another company, Chris Ejik International Agencies Ltd.

At the time the petition was written, Onyeneke was the counsel of Chris Ejik International Agencies Ltd. The two companies were enmeshed in a legal battle over a trade dispute involving the supply of electric meters.

Owing to Onyeneke’s petition, the police invited Kusamotu for questioning and later filed a criminal charge against the lawyer, which was struck out by the court.

Kusamotu also filed fundamental human rights enforcement proceedings against the police with suit No FHC/L/CS/210/2019 over harassment following the petition.

The court ruled in favour of Kusamotu and held that the petition was “baseless, frivolous and actuated mala fide”.

In his application to the LPCD, Kusamotu said Onyeneke is aware that the information contained in the petition to the police was false.

Kusamotu also argued that his colleague is also aware that his relationship with Hexing Electrical Company is “strictly legal representation”.

Kusamotu said Onyeneke made “unsubstantiated and malicious” allegations against him in the petition to the police.

In his arguments, Onyeneke told LPDC that Kusamotu’s application is sub judice since the subject matter of his petition is already before a court of competent jurisdiction.

Onyeneke said the LPDC lacks the jurisdiction to entertain the case since the allegations of providing false information is a crime.

THE VERDICT

In its verdict delivered on November 14, the LPDC ruled that Onyeneke acted in bad faith by filing the petition and facilitating the arrest of Kusamotu over the matter.

The committee held that the “petition was not substantiated by any reasonable facts to warrant such belief by the respondent (Onyeneke) and his client”.

The LPDC ruled that at the time Onyeneke wrote the petition to the police, the matter was already in court and the police needed not to investigate the case.

The committee held that Onyeneke failed to show that he acted in good faith by facilitating the arrest of his colleague when the matter was pending in court.

The LPDC found Onyeneke guilty of breach of the provisions of the Rules of Professional Conduct for Legal Practitioners, particularly rules 1 and 26(1) of RPC 2023.

“We, the Legal Practitioners Disciplinary Committee, hereby find the Respondent, CHIJIOKE UGOCHUKWU ONYENEKE, ESQ with enrollment number SCN040566, guilty of infamous conduct in the course of performance of his duty as a legal practitioner contrary to Rules 1, and 26(1) of the Rules of Professional Conduct for Legal Practitioners, 2023 and punishable under Section 12(1) of the Legal Practitioners Act, Cap L11, LFN 2004 (as amended),” the committee said.

“We are satisfied that the proper Order to make in the circumstances is to DIRECT as follows:

“That the Respondent, CHIJIOKE UGOCHUKWU ONYENEKE, ESQ. be and is hereby suspended from the Roll of Legal Practitioners and from engaging in the business of practicing law for a period of TWO (2) YEARS from the date of this DIRECTION for his participation in the baseless and frivolous petition written to the police against the Applicant.

“The Respondent, CHIJIOKE UGOCHUKWU ONYENEKE, ESQ. is also directed to tender a letter of apology in a national daily newspaper, within 30 days from the date of this Direction.”

The LPDC directed the chief registrar of the supreme court to effect the order and make a notation against the respondent’s name on the roll of legal practitioners.

Copies of the directive are to be sent to relevant legal stakeholders including the chief justice of Nigeria, all heads of court, and the Nigerian Bar Association (NBA).

In December 2024, the committee imposed a three-year suspension on one Abubuike Sylvester, the police counsel in the case, for professional misconduct.