By John Azu

The Legal Practitioners Disciplinary Committee (LPDC) has suspended prominent Senior Advocate of Nigeria (SAN), Joe Kyari Gadzama, and legal practitioner Ocha Ulegede from practising law in Nigeria over findings of professional misconduct arising from the protracted dispute surrounding the payment of the N8 billion compensation awarded to victims of the 2001 Zaki Biam massacre in Benue State.

In its decision, the LPDC, chaired by Justice Halima Ibrahim, imposed a three-year suspension on Gadzama and a two-year suspension on Ulegede after finding them guilty of breaching the Rules of Professional Conduct for Legal Practitioners, 2023.

The committee directed the Chief Registrar of the Supreme Court, Kabir Akanbi, to formally notify the apex court of its decision. It also ordered that the heads of all superior courts of record across the country be informed of the suspensions. In addition, the LPDC directed that the Inspector-General of Police be notified of the disciplinary action taken against the two lawyers.

The disciplinary proceedings followed a petition marked BB/LPDC/1314/2024, filed by Abuja-based lawyer, Chris Alashi, who accused the two lawyers of professional misconduct in relation to their involvement in the compensation case.

In its judgment, the LPDC held that Gadzama improperly solicited or “poached” clients already represented by Alashi, his fellow legal practitioner, contrary to established ethical rules governing legal practice.

The committee further found that Gadzama supported proceedings before the Federal High Court in Abuja, presided over by Justice Inyang Ekwo, which resulted in orders setting aside two earlier decisions of the Court of Appeal in a manner that enabled him to assume representation in the matter.

The disciplinary action stems from the long-running litigation over compensation for victims of the Zaki Biam massacre, one of Nigeria’s most notorious military operations.

The incident occurred in October 2001 after 19 soldiers were killed in Benue State. In retaliation, troops invaded Zaki Biam and neighbouring communities, where hundreds of civilians were reportedly killed, many others injured, and homes and other properties extensively destroyed.

Following the operation, a group of survivors and relatives of victims, alongside 13 other plaintiffs, instituted a fundamental rights enforcement suit against the Federal Government at the Federal High Court in Enugu, seeking compensation for the loss of lives, destruction of property, and violations of their constitutional rights.

The plaintiffs were represented by a legal team that included Sebastian Hon (SAN), Ocha Ulegede and Chris Alashi.

On July 5, 2007, Justice Lewis Allagoa of the Federal High Court, Enugu, awarded the plaintiffs N41.8 billion in damages against the Federal Government.

Although the Federal Government initially appealed the judgment, both parties later entered negotiations to resolve the dispute amicably. The negotiations reportedly produced an agreement to reduce the compensation from N41.8 billion to N8 billion.

However, controversy later emerged over reports that the negotiated N8 billion would be paid through the Benue State Government during the administration of former Governor Gabriel Suswam.

The victims and their legal representatives opposed the proposed arrangement, insisting that the compensation should be paid directly to the successful litigants since the Benue State Government was not a party to the suit.

They also argued that the negotiated settlement had not been formally adopted as a consent judgment by the court, making any payment arrangement outside the judicial process legally questionable.

The dispute over the implementation of the settlement has since generated years of litigation and professional disagreements, culminating in the LPDC’s disciplinary sanctions against the affected lawyers.