The Federal High Court in Abuja has nullified the three-year suspension imposed on Senior Advocate of Nigeria, Joe Gadzama, by the Legal Practitioners Disciplinary Committee (LPDC).
In its judgment, the court held that enforcing the disciplinary decision against Gadzama was unconstitutional, particularly in the absence of an effective avenue for appeal.
The court granted the reliefs sought by Gadzama and declared the LPDC’s direction issued on July 29 unconstitutional to the extent that it affected him.
It further ruled that enforcing the directive without an effective appellate mechanism violated Sections 36(1), 36(2) and 6(6)(b) of the 1999 Constitution.
The court also held that the LPDC lacked jurisdiction to determine the matter in the manner it did.
Gadzama had challenged the disciplinary proceedings, arguing that the committee misunderstood the nature of the dispute and improperly subjected him to professional sanctions over issues relating mainly to legal representation, retainership and fees.
The dispute stemmed from the administration and distribution of compensation arising from the Zaki-Biam litigation, which generated competing claims over legal representation and professional fees.
Gadzama maintained throughout the proceedings that he had never established a professional relationship with Chris Alashi, who lodged the complaint before the LPDC, and had not received any instructions from him.
He argued that his involvement in the matter was based on separate instructions given to him by some of the judgment creditors.
The LPDC had subsequently ordered Gadzama’s suspension from legal practice for three years, while Ocha P. Ulegede was separately handed a two-year suspension.
