Court Imposes N20,000 Punitive Cost On Evans’ Lawyer For Professional Misconduct
Justice Abdulaziz Anka of the Federal High Court in Lagos Thursday imposed a fine of N20,000 on Olukoya Ogungbeje, counsel to alleged billionaire kidnap kingpin, Chukwudumeme Onwuamadike also known as Evans, for professional misconduct.
Justice Anka, who warned Ogungbeje to desist from acts unbecoming of a legal practitioner, ordered him to pay the fine following his failure to inform other parties in the matter that he will not attend court.
The lawyer had written to the court, seeking an adjournment on the grounds of ill health but he failed to send a copy of the letter to the counsel to the police.
The development stalled the fundamental rights enforcement suit he filed on behalf of Evans, challenging his arrest and continued detention by the police.
Joined as respondents in the suit are: the Nigeria Police Force, Lagos State Police Command, The Commissioner of Police Lagos State, and the Special Anti-Robbery Squad (SARS).
Specifically, Evans is asking court for an order directing the respondents to immediately charge him to court in accordance with constitutional provisions, if there existed any case against him.
Or in the alternative, the court should issued an order, compelling the respondents to immediately release him unconditionally in the absence of any charge.
When the case was called on Thursday, an Executive Litigation Officer from Ogungbeje’s law firm, Stephen Abunike, who was in court, informed the judge that his principal was indisposed and had written a letter seeking an adjournment.
Abunike added that he had attempted to serve a copy of the letter on the counsel for the police, Emmanuel Eze, but the counsel declined service.
However, Eze told the court that he only just sighted the letter in court and that the letter was signed by one Saheed Sanni, a lawyer in Ogungbeje’s law firm, who said their principal took ill and other lawyers in the office were engaged.
Eze urged Justice Anka to reject Sanni’s excuse and to consider it as an affront to the court, saying it showed that the law firm was not serious.
He said, “My Lord, I think it’s an affront to this court and in view of this, we are of the view that the applicant’s counsel is most unserious with this application. I pray this court to award a punitive cost of N100,000 against the applicant and his counsel.”
Justice Anka, in his reaction, awarded a punitive cost of N20,000 against Ogungbeje for what he described as unprofessional conduct.
According to the judge, it is unprofessional for a lawyer to communicate with a judge without carrying the other parties along.
The judge warned Ogungbeje to desist from such conduct in the future.
“A punitive cost of N20,000 is hereby awarded for this misconduct,” he held
Justice Anka then adjourned the case til July 20 for hearing.
In the suit marked, FHC/L/CS/1012/2017, Evans is contending that his continued detention by the respondents since June 10, 2017, without being charged to court or released on bail is an infringement on his fundamental human rights.
It was further argued that the alleged offence committed by the applicant (Evans) are correspondingly intertwined with the constitutional safeguards as provided under Sections 35 and 36 of the Constitution.
