The Federal Government has charged three Abuja-based legal practitioners with four counts of criminal charges bordering on false information with the intent to mislead the Court into entering a N52m consent judgment in their favor before a High Court of the Federal Capital Territory, FCT.
The Economic and Financial Crimes Commission (EFCC) informed the court that the offenses violated Sections 96 and 140 of the Panel Code law of Northern Nigeria as it applies in the Federal Capital Territory of Abuja.
Messrs Maxwell Opara, Gold Nwankwo, and Jubilate Obasikene are lawyers with the law firm Maxwell Opara and Associates.
The charge, CR/444/2022, was filed by the prosecution counsel, Ibrahim Buba, in response to a petition to the Chairman of the EFCC by the Central Bank of Nigeria CBN, accusing the lawyers of fraudulent representation and impersonation.
They were accused of fraudulently entering appearances for the CBN and Unity Bank Plc in an appeal involving N52 million in garnishee proceedings at the Court of Appeal, Abuja division, without the consent and authorization of the banks.
The proceedings concerned the appeal No: CA/A/18M/2017, filed by Mr. Godwin Emmanuel against Chris Obot. Unity Bank Plc, Ambo Top Nig Ltd
The garnishee proceedings gave rise to the appeal, in which the CBN was served with an order Nisi dated November 3, 2015, by the High Court of the Federal Capital Territory, Gwagwalada, Abuja.
The Court of Appeal had granted the CBN leave to appeal against the lower court’s judgment on the condition that the entire judgment sum of N52m be deposited to the deputy Registrar and kept in an interest-bearing account in a commercial bank within 30 days of the ruling, pending the outcome of the appeal.
The CBN stated that it was surprising to learn that the matter came up for hearing on September 9, 2020, and that on that day, the court ordered that the judgment sum be released to the judgment creditor based on the application filed by counsel to the judgment creditor, Maxwell Opara.
The bank expressed concern that neither the bank nor its counsel had been served with a hearing notice for the proceedings on September 9, 2020.
It was also informed that the CBN was purportedly represented in the proceedings on September 9, 2020 by one Gold Nwankwo, a counsel unknown to or briefed by the bank and not affiliated in any way with any of its external solicitors.
In the same vein, One Okechukwu Jubilate Obasikene was said not to have the authority of Unity bank and also appeared in the proceedings for Unity bank.
Following an investigation, it was discovered that the said Gold Nwankwo was listed as a lawyer in chambers on the letterhead of Messrs. Maxwell Opara and Associates (counsel to the judgment creditor).
As a result, it appears that the counsel from Messrs. Maxwell Opara and Associates, who represented the judgment creditor, may have conspired to deceive the Court of Appeal by impersonating the counsel briefed by the CBN, in violation of the rules of professional conduct for legal practitioners.
Meanwhile, when the case was called for trial, the prosecution counsel, Ibrahim Buba, informed the court that witnesses from the CBN and Unity Bank were not present.
As a result, he urged the court to grant a brief adjournment so that he could produce them in court.
Following the consent of the defense counsel, Justice Hamza Muazu set the case for trial on February 1 and 2, 2023.
The charge, CR/444/2022, is dated August 26, 2022 and reads:
“That you Barrister Maxwell Okpara and Barrister Gold Nwankwo sometime in September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.
”That you Barrister Gold Nwankwo on the 9th day of September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja that you were representing the Central Bank of Nigeria during the hearing of appeal No CA/A/18/M/2017 and consented to the withdrawal and striking of the motion paper dated August 29, 2020 and filed on September 1, 2020, knowing that the Central Bank of Nigeria never authorised you to represent it in the proceedings, and you thereby committed an offence contrary to section 140 of the Penal Code law of the Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.
”That you Barrister Maxwell Okpara and Barrister Jubilate Obasikene sometime in September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with the intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.
”That you Barrister Jubilate Obasikene on the 9th of September 2020 in Abuja within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja, that you represented the Unity Bank Plc during the hearing of appeal No CA/A/18/M/2017, and consented to the withdrawal and striking out of the motion paper dated August 29, 2020, and filed on September 1, 2020, knowing that the Unity Bank Plc never authorised you to represent it in the proceedings and you thereby committed an offence contrary to section 140 of the Penal Code law of the Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.
