LPDC Orders Prosecution Of Ex-Senate President, Pius Anyim’s Lawyer, Colleague For Forgery, Professional Misconduct
LPDC gave the order while ruling in a petition No: BB/LPDC/317/2020 brought by the two lawyers against Messers Francis Ngwoke Esq and Paul Arochukwu Esq on November 28, 2022. It directed its Secretary to forward a complaint of gross professional misconduct against the two lawyers to the Nigerian Bar Association for investigation and prosecution.
Documents, SaharaReporters obtained on Monday, showed that the two legal practitioners had while purporting to act as Counsel to one Mr. Fabian Ajah, a visually impaired man from Ogwor community in Ishiagu, Ebonyi State, forged an affidavit in his name and other documents to institute petition No: BB/LPDC/317/2020 in which they asked the LPDC to debar Messers Ngwoke and Arochukwu for filing a suit to prevent Senator Anyim from land grabbing activities in Ishiagu.
Omoko in one of the documents had on 17th September, 2020, acting without the authority and consent of the visually impaired man, used his name to file a petition before the LPDC against Messers Francis Ngwoke Esq and Paul Arochukwu. In the petition Omoko purporting to act for the visually impaired man falsely alleged that the duo of Ngwoke, Arochukwu and other Associates of RICHBEKEE & ASSOCIATES, an Abakaliki based law firm had committed professional misconduct and violated Rule 47 of the Rules of Professional Conduct for Legal Practitioners.
Giving a chronology, Paul Arochukwu said that on 30th October, 2020, Mr. Nkemakolam Okoro also purporting to act as Counsel for Mr. Ajah, the visually impaired procured a forged affidavit to institute petition No: BB/LPDC/317/2020 against himself and Ngwoke before the LPDC. “Contrary to the Rules of Professional Conduct for Legal Practitioners; and decisions of the Supreme Court stating that is unprofessional for a lawyer to sign a court process on behalf of a client, Mr. Nkemakolam Okoro Esq signed and sealed Petition No: BB/LPDC/317/2020 on behalf of Mr. Fabian Ajah.
“However, Okoro, just like his colleague Omoko was never authorised by Mr. Fabian Ajah to file the said petition before the LPDC.
“On 9th February, 2021, Paul Arochukwu as the 2nd Respondent to petition No: BB/LPDC/317/2020, entered his defense and further provided supporting affidavits (including the Affidavit of Mr. Fabian Ajah) showing that Mr. Nkemakolam Okoro Esq and Mr. Innocent Omoko instituted Petition BB/LPDC/317/2020 by fraud using forged documents and without the knowledge and consent of the said client Mr. Fabian Ajah.”
Meanwhile, Ajah now through his Counsel, Decency Onu, on 18th February, 2021, filed a Notice of Objection to Petition BB/LPDC/317/2020 before the LPDC. In the notice of objection Ajah stated that both Omoko and Okoro had instituted the petition by fraud and without his knowledge, consent and authorisation.
Continuing, Arochukwu said that both Mr. Omoko and Okoro, interestingly never countered Ajah’s notice of objection to Petition BB/LPDC/317/2020 and neither did they ever produce Ajah to affirm that he had briefed them to institute the said petition.
“On 12th March, 2021, Okoro still purporting to act as Counsel for Ajah procured and filed more forged documents against Messers Francis Ngwoke Esq and Paul Arochukwu Esq before the LPDC. On 25th March, 2021, following a Notice of Objection earlier filed by Mr. Ajah through his Counsel, Mr. Decency Onu, challenging the filing of Petition BB/LPDC/317/2020 without his knowledge and consent, the LPDC directed that all Counsels claiming to represent Mr. Ajah should provide evidence of briefing on the next adjourned date.
“Apparently realising that they could no longer keep up their fraud, on 5th July, 2021, Mr. Okoro and Omoko rather than provide evidence of attorney briefing as directed by the LPDC filed a Notice of Discontinuance to Petition BB/LPDC/317/2020. On the other hand, Ajah’s Counsel, Mr. Onu, filed a motion for leave to file and play a video evidence of attorney briefing in further support of Ajah’s Notice of Objection to BB/LPDC/317/2020.
“Also, on 3rd August, 2021, Counsel to Arochukwu filed a Notice of Objection challenging the Notice of Discontinuance filed by Mr. Okoro and Omoko, and further prayed the LPDC to entirely dismiss Petition BB/LPDC/317/2020 in accordance with Rule 21 of the Legal Practitioners Disciplinary Committee Rules, 2020.
“Also on 3rd August, 2021, Mr. Ajah through his Counsel Onu, filed a reply challenging the Notice of Discontinuance on the grounds that his client never gave the duo, Okoro and Omoko consent or authorisation to either institute or discontinue petition No: BB/LPDC/317/2020.”
Arochukwu stated that instead of responding to the objections raised by his Counsel and the Counsel to Mr. Ajah over the forged notice of discontinuance filed, Okoro now purporting to act as Counsel to one Mr. John Ajaka from Ishiagu in Ebonyi State caused police officers from the Force Criminal Investigation Department (FCID) Abuja to arrest him on 3rd August, 2021, within the premises of the Court of Appeal after he left the venue of the LPDC proceedings.
He noted that his arrest was effected by one Inspector Amonke Ekab who took him for interrogation before CSP. Oliver Odimaga of the FCID. “Interestingly, the crimes which Mr. Okoro alleged against me which caused my arrest and detention was that I insulted Chief Pius Anyim on social media and that he instituted a lawsuit to prevent the grabbing of lands belonging to his community.”
Arochukwu alleged that the police team led by one SP. Rogers Elebe from the FCID Special Enquiry Bureau was also dispatched to Abakaliki to arrest his colleague, Mr Ngwoke with instructions to detain him and prevent him from attending the proceedings of the LPDC to clear his name of the allegations against him. The police team had also instructions to arrest and detain the visually impaired Mr. Ajah and several members of the Ovumnte Community including one Pastor Aloy Chukwu, and Sir Moses Orji so that they will not come to Abuja to testify before the LPDC.
Unfortunately for them, Mr. Fabian Ajah upon realising that his life was no longer safe for objecting fraudulent use of his name to file a vexatious LPDC petition against him and his colleague Ngwoke, Arochukwu said Ajah immediately wrote a petition to the Commissioner of Police, Ebonyi State command complaining threats on his life.
“The said petition was received at the office of the Ebonyi State Commissioner of Police on 23rd August, 2021 but was never acted upon. Three days later Ajah fled Ishiagu in the company of a family member while SP. Elebe and his team searched for him and other persons whom they sought to arrest and detain to prevent them from appearing before LPDC.
“To their most surprise, on 31st August, 2021, Mr. Fabian Ajah appeared before the LPDC. He informed the LPDC through an Interpreter that he never instructed the duo of Okoro and Omoko to either institute or discontinue Petition No: BB/LPDC/317/2020. The LPDC then asked the duo of Okoro and Omoko whether they wished to contradict Mr. Ajah but they said no and also did not wish to give any statements on oath to contradict his testimony. They also profusely begged the LPDC to forgive (them) for everything.”
Consequent upon Ajah’s sworn testimony and subsequent plea for forgiveness by the petitioners, the LPDC ordered them to write and deliver to Mr. Ajah and Messrs Francis Ngwoke and Paul Arochukwu appropriate letters of apology in respect of the embarrassment caused them by filing petition BB/LPDC/317/2020 without lawful authority. But they refused to comply with the Order of the LPDC directing them to write the letters of apology, Arochukwu narrated.
“However, on resumed sitting on 19th September, 2022, both petitioners – Okoro and Omoko refused to appear before the LPDC after being served hearing notices. The LPDC then adjourned to November 28, 2022 for its Direction (judgment).”
On November 28, while delivering Direction, the LPDC stated that thus: “…the person(s) responsible for wasting the precious time of this Committee must be made to face the consequence of their action, therefore this Committee will not allow a situation where Legal Practitioners will use her processes to harass and witch-hunt perceived enemies. This present Committee has resolved that these Counsel who acted without instructions should apologize to the Respondents and the person they used his name in filing this complaint, that is Fabian Ajah.
“The Committee who earlier sat on this petition ordered that Nkemakolam Okoro Esq and Innocent Omoko Esq should file the letters of apology in the Registry of the Committee within 7 days, sadly this Order has not been complied with. The Committee finds their conduct reprehensible and unrepentant. It is pertinent to state that they were notified of the Committee’s sitting of 19th September, 2022, they did not appear and therefore we hereby direct the Secretary of this Committee to forward a complaint to the NBA for investigation and appropriate action against the two Counsels”.
Linking former President of the Senate, Chief Pius Anyim to the institution of Petition No: BB/LPDC/317/2020 before the LPDC, Arochukwu stated “how did Petition No: BB/LPDC/317/2020 come before the LPDC? Who briefed and paid the lawyers, Mr. Nkemakolam Okoro and Mr. Innocent Omoko? Is it possible that Mr. Fabian Ajah, a visually impaired and poor man in Ishiagu, whose lands and oil palm plantation were seized and destroyed by Senator Anyim in the guise of building his ultra-modern mega city could afford to brief Okoro, an Abuja based Lawyer to file an LPDC petition against me and my colleague, Francis Ngwoke; who were representing his community in a land grab suit instituted against Senator Pius Anyim?
“At that material time Mr. Nkemakolam Okoro Esq was Counsel to Senator Pius Anyim in his FCT High Court Suit (CV/925/2020) against Sir Moses Orji and Mr. Ogbonna Paul Arochukwu Esq. Mr. Nkemakolam Okoro Esq is still Senator Pius Anyim’s counsel in the said suit.
“The affidavits of Mr. Fabian Ajah and his petition to the Ebonyi State Commissioner of Police clearly provides a lead on Senator Pius Anyim’s involvement in the criminality and dishonorable acts of Nkemakolam Okoro Esq and Innocent Omoko Esq. In an Affidavit deposed to by Mr. Ajah at the Ebonyi State High Court on 26th August, 2021 and which was filed with the LPDC on 31st August, 2021, Mr. Ajah states that:
“Sometime in 2020, Chief Anyim Pius Anyim (former Senate President of Nigeria & former Secretary to the Government of the Federation of Nigeria) invited me to his house at Ovumnte, Ishiagu in Ivo Local Government Area of Ebonyi State. And that I was taken to Chief Anyim’s house by Mr. Adolphus Ajah (also known as Adol) who was sent by Chief Anyim to bring me to his house at Ovumnte, Amagu.
“When I arrived Chief Anyim’s house, he (Anyim) told me that he wanted me to tell the L.P.D.C (Legal Practitioners Disciplinary Committee) in Abuja that I did not authorise Barrister Paul Arochukwu and Barrister Francis Ngwoke to file a lawsuit in my name against him (Chief Anyim Pius Anyim) and some other people from Amagu community over their trespass into Amavu Ogwor Community land, and that I refused and told him (Chief Anyim Pius Anyim) that I will not do so”.
Arochukwu further told SaharaReporters that Senator Anyim had sometime in June, 2020, during a meeting with his cronies in his Ovumnte residence, vowed that he would ensure the LPDC debars him and his colleague Ngwoke for daring to file lawsuits against him.
Applauding the Direction of the LPDC which discharged and acquitted them, Arochukwu, told journalists that the people of Ogwor Community in Ishiagu received the news with great joy and fanfare. He quoted an elder of the community known as Okorie Ajah to have said upon hearing the decision of LPDC, “this decision of the LPDC has shown that our God is alive”, “God will not allow Pius Anyim to forcefully take our lands and disbar our lawyers”, “the abomination he committed by destroying our infant yams and crops with his bulldozers will follow him forever.”
