Gbenoba V. Lpdc & Anor (2021)

LAWGLOBAL HUB Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.S.C. 

This is an appeal against the Directions of the 1st Respondent delivered on 6th day of May, 2014 Coram: J.B. Daudu SAN (Chairman); Hon. Justice Z.A. Bulkachuwa Ag. PCA (as she was then was); Hon. Justice P.A. Galinje JCA; (as he then was) Hon Justice A.S. Dahiru, C. J. Sokoto; Hon. Justice Kulu Aliju, C.J Zamfara; Yusuf Ali SAN; Emmanuel C. Ukala SAN; R. A. Lawal Rabana SAN; Anthony Ani SAN, Attorney- General Enugu State and Tijjani Inuwa -Dutse Esq., wherein the Appellant was found guilty of infamous conduct as a legal practitioner contrary to Rules 1, 14, 16 & 21(1) (a) of the Legal Practitioners Act, as amended. The 1st Respondent also directed the Appellant to refund the disputed amount of money, publication of the directions in the newspapers was also ordered. The 1st Respondent also ordered that the name of the Appellant be struck out from the Roll of Legal Practitioners. Being dissatisfied with the directions of the 1st Respondent, the Appellant has appealed to this Court via an Amended Notice filed on the 6th of August 2020 wherein he prays for

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orders allowing this appeal, setting aside the directions of the Committee, acquitting him and restoring his name in the Roll of Legal Practitioners of Nigeria.

The facts leading to this appeal are briefly as follows:

The Petitioner, Mrs Olatimbo Ayinde, the Managing Director/Chief Executive Officer of Tubbs Marine & Energy Ltd on the 23rd of June 2008 sought the legal services of the Appellant in respect of the purchase of property at No. 38 Raymond Njoku Street, Ikoyi, Lagos which the company sought to purchase. The Appellant advised against the purchase but the petitioner went ahead to purchase the property. Thereafter, the Petitioner paid the Appellant to perfect the documents relating to the property after it was purchased through another legal practitioner.

​On 2nd July 2008, the Appellant brought a quote of N7,500,000.00 for obtaining Governor’s consent, registration of the property and professional fees which the Petitioner agreed to pay. The money was paid by the Petitioner to the Appellant and on the 10th July, 2008, the Appellant acknowledged receipt of the money. In the course of processing the consent, there was a delay beyond the expected

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time for perfecting the documents. Apart from that, litigation ensued in respect of the property and the petitioner had to join as a party. The petitioner engaged the Appellant in conjunction with her company lawyer to represent her in the suit.

​The parties-petitioner and Appellant fell out at this point over the inability of the Appellant to obtain Governor’s consent and problems encountered in the course of the litigation. The Petitioner asked for return of the money paid to regularize the proper documentation of the property. The Appellant insisted he was still owed money and the Petitioner refused to pay. Not satisfied with the claim of the Appellant, the Petitioner wrote a petition to the 2nd Respondent, the Nigerian Bar Association (NBA) alleging professional misconduct. The Nigerian Bar Association sent the petition for Appellant’s comments, he responded to the petition. The NBA concluded that a prima facie case had been made against the Appellant. The NBA drafted charges and referred the charges to the Legal Practitioners Disciplinary Committee. The Appellant was charged before the Legal Practitioners Disciplinary Committee on a three- count

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complaint by the Nigerian Bar Association (2nd Respondent) for engaging in conduct unbecoming of a legal practitioner contrary to Rules 1, 14, 16, and 21 of the Rules of Professional Conduct for Legal Practitioners (RPC).

The three-count Complaint against the Appellant are as follows:

i. That you GABRIEL GBENOBA ESQ, Legal Practitioner engaged as a solicitor by Ayinde Olatimbo, Managing Director/Chief Executive of Tubbs Marine and Energy Ltd, paid you the sum of N7,500,000.00 as fees to obtained (sic) Governor consent and Registration of your client’s property on the 10th July, 2008, but you failed to execute the said instruction of obtaining Governor’s consent and perfection of the property in your capacity as Legal practitioner as agreed, converted the money to your personal use, causing your client financial and good will loss and thereby conducted yourself in an infamous professional manner in breach of Rules 1, 14(1) and 16(1) of the Legal Practitioner Act Cap, 207 Now Legal Practitioners Disciplinary Committee Rules 2007. (sic)