Court Orders Senator To Pay N32m Professional Fees

A Lagos High Court, southwest Nigeria, has ordered a Nigerian Senator, Dr. Levi Kwuagwu Nwokeafor to pay a Lagos lawyer, Barrister Oje Alex Uzebu, the sum of N32 million being professional fees due to him.

The judgement of the court was sequel to an application filed before the court by Mr. Uzebu urging the court to enter judgement in his favour on the ground that the defendant has no defence.

Uzebu in the affidavit in support of his application for summary judgement alleged that sometime in August 2006, he was invited by Senator Nwokeafor to act as a lead counsel in the handling of a case of conspiracy, stealing and money laundering involving Madam Nancy Nwosu who was being held at EFCC office at Awolowo Road, Ikoyi, Lagos.

Consequently, it was agreed that he should lead another lawyer, Praise George, in providing legal services for Madam Nancy held by EFCC for stealing and money laundering the sum of N102 million. He accepted the brief and secured bail for Madam Nancy Nwosu.

Thereafter, the family members were alleged to have forwarded EFCC a letter dated 17 August, 2006, to the claimant requesting the Balyesa State government to produce Madam Hanna Offor and Godwin Oba for the EFCC in Abuja. In view of this development, a meeting was held under the supervision of Mr. Ko Tams, a member of the House of Representatives while Senator Nwokeafor acted as the representative of the suspects.

Uzebu presented a legal fee of N35 million, and the family members of the suspects paid N6 million out of the professional fee, leaving a balance of N29 million.

It was later agreed that the defendant should keep the entire professional fee in trust, pending when further investigation of other suspects is completed at the EFCC Abuja office.

However, after the release of the suspects and EFCC decided to put the case file on hold, Uzebu averred that he requested for his legal fees which was kept with Senator Nwokeafor, but the Senator paid only N3 million with a promise to pay the balance after EFCC closes the case. N1 million was also said to have been paid to Mr. Ko Tams.

Thereafter, EFCC declined to prosecute all the suspects interrogated in the cause of the inquiry and the said N102 million which triggered off the inquiry was released to the owners, but the senator refused to refund the legal fees of N32 million despite repeated demands.

The defendant in his counter affidavit denied all the claimants statements. He averred that it is not the duty of the claimant to decide wether he has defence or not. He therefore urged the court to dismiss the claimant’s suit; that it will be in the interest of justice to hear the case on merit.

However, Justice Lawal Akapo in his judgement said the averment of the claimant that a cheque of N30 million was issued on behalf of the claimant to the defendant was not denied. The legal effect of non-denial is admission.

The judge stated: “I find merit in this application and accordingly make the following orders.

“Judgement is hereby entered in favour of the claimant against the defendant in the sum of N32 million being professional fees due to him kept with the defendant.

“Interest on the said sum of the rate of 6% per annum is awarded until liquidation. N100,000 should also be paid as cost.”

—Henry Ojelu