The Legal Practitioners Disciplinary Committee (LPDC) has suspended Senior Advocate of Nigeria (SAN) Joe-Kyari Gadzama from legal practice for three years over his involvement in the long-running compensation case arising from the 2001 Zaki Biam killings in Benue State.
Gatekeepers News reports that the committee also suspended lawyer Ocha Ulegede from legal practice for two years over the same matter.
The sanctions followed a petition, marked BB/LPDC/1314/2024, filed by lawyer Chris Alash.
The LPDC, in its decision delivered on Wednesday, found both lawyers guilty of violating several provisions of the Rules of Professional Conduct for Legal Practitioners, 2023.
The committee directed that all heads of superior courts of record across Nigeria be notified of the disciplinary action, adding that the suspensions take immediate effect from the date of the judgment.
Background to the Case
The case stems from the November 2001 military operation in and around the Zaki Biam area of Benue State, where more than 200 villagers were killed after troops invaded several communities in retaliation for the killing of 19 soldiers whose bodies were discovered in the area.
The operation also led to widespread destruction of homes and other property.
Victims and survivors subsequently sued the Federal Government at the Federal High Court in Enugu, seeking compensation for the deaths, destruction of property and alleged violations of their fundamental rights.
In July 2007, Justice Lewis Allagoa awarded the plaintiffs N41.8 billion in damages against the Federal Government.
Although the government appealed the judgment, both parties later entered negotiations and reportedly agreed to an out-of-court settlement of N8 billion.
The settlement later generated controversy after reports emerged that the compensation would be paid to the Benue State Government under the administration of former governor Gabriel Suswam.
In February 2015, Senior Advocates Itsay Sagay and Mike Ozekhome publicly cautioned the Federal Government against releasing the compensation funds to the state government.
Gadzama Rejects LPDC Findings
Reacting to the decision in a statement published by TVC News, Gadzama described the allegations against him as baseless and announced that he had instructed his legal team to challenge the ruling.
“I have been informed that the Committee found against me and directed that I be suspended from legal practice for a period of three years,” he said.
“While I am yet to receive or review the certified true copy of the direction, I have instructed my legal team to file an immediate appeal.”
The senior advocate maintained that filing the appeal would preserve his right to continue practising pending the final determination of the case.
“I wish to reassure my clients, colleagues, friends and the general public that, upon the filing of the appeal within the time prescribed by law, my right to practise as a legal practitioner remains unaffected pending the final determination of the appeal, in accordance with the provisions of the Legal Practitioners Act.”
Gadzama also denied allegations that he improperly took over another lawyer’s brief, solicited clients or wrongfully appropriated professional fees.
“The complaint against me alleged that I improperly took over another lawyer’s brief, solicited clients and wrongfully appropriated professional fees. Those allegations are, with respect, unfounded,” he said.
“I was retained directly by the Judgment Creditors through written letters of instruction and acted throughout strictly in accordance with that professional retainer.”
He added that, in his view, “the documentary evidence before the Committee does not support the findings made against me.”
