The Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers has directed the suspension of Mr. Jonathan Chinedu Nwagwu, Esq., for a period of three years following his conviction for infamous conduct in a professional respect, including the misappropriation of client funds and professional negligence in handling client affairs. The decision, delivered on April 24, 2024, by Ebenezer Obeya, Esq., Life Bencher, came after extensive proceedings in Complaint No. BB/LPDC/360/2020 between Capt. Dada Olaniyi Labinjo, the Applicant and Managing Partner of Marina Law Chambers, and Mr. Jonathan Chinedu Nwagwu, the Respondent. The Committee found Nwagwu guilty of breaching Rules 1, 14(1), (3), (5), and 23(1) & (2) of the Rules of Professional Conduct for Legal Practitioners, 2007, punishable under Section 12(1) of the Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria, 2004.
The case originated from a complaint dated November 26, 2020, filed by Marina Law Chambers through Chukwudi Nwadike, Esq., accusing the Respondent of misappropriating and converting the sum of ₦1,947,043.70 and ₦500,000.00, and of forgery and misrepresentation while managing the affairs of the Chambers during Capt. Labinjo’s detention. The hearing, initially begun under an earlier LPDC panel, restarted de novo after the Committee’s reconstitution. Proceedings stretched from September 2023 to February 2024, with multiple adjournments caused by the Applicant’s counsel’s ill health and procedural notices published in The Punch Newspaper.
In his defence, Nwagwu admitted receiving ₦1.95 million from a judgment debt paid into his personal account while the Applicant was detained, claiming it was a loan ratified by Capt. Labinjo, insisting that his actions were transparent and done with the Applicant’s consent. He also denied forging the Applicant’s signature in Suit No. FHC/L/CS/1139/2009, arguing that there was no evidence linking him to the alleged forgery and that he merely endorsed the Terms of Settlement as counsel for the 1st–4th Defendants.
The Applicant, however, maintained that the Respondent stole and converted the said sums, stressing that no ratification or loan agreement ever occurred. He contended that Nwagwu’s conduct amounted to fraud and betrayal of professional trust, particularly for endorsing court documents on behalf of a detained client without authorization.
After a detailed examination of the affidavits and attached documents, the LPDC established that the Respondent received ₦25,856,000.00 judgment debt on behalf of a client but diverted ₦1,947,043.70 and ₦500,000.00 for personal and unrelated uses. He failed to account for these funds and provided no proof of the alleged loan ratification or repayment. He endorsed Terms of Settlement in a pending case while knowing that his client, who was in detention, could not have executed the document. His justification that the Applicant instructed him to “run the firm as his own” did not confer ownership or authority to act contrary to professional ethics.
The Committee concluded that Nwagwu’s actions violated Rules 1, 14, and 23 of the Rules of Professional Conduct, amounting to acts despicable and morally reprehensible as to bring the legal profession into disrepute.
In its final direction, the LPDC declared Jonathan Chinedu Nwagwu, Esq. (Enrolment No. SCN052392) guilty of infamous conduct and ordered his suspension from legal practice for three years, effective immediately. He is barred from parading himself or participating in any legal practice within this period. Furthermore, he must refund ₦1,947,043.70 and ₦500,000.00 to the Applicant within 28 days, as stipulated under Section 12(9) of the Legal Practitioners Act.
The Committee directed the Chief Registrar of the Supreme Court to note the suspension against his name on the Roll of Legal Practitioners and to circulate the order to the President of the Nigerian Bar Association (NBA), the Chief Justice of Nigeria, all Heads of Courts, all Attorneys-General across the Federation, and the Inspector-General of Police and Commissioners of Police in all states. The Direction will also be published in The Punch Newspaper and the Federal Government Gazette for public record.
