LPDC Suspends Senior Lawyer Agwuna for Insulting Magistrate

The Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers has suspended Cyprian Obiora Ifeanyi Agwuna, Esq., from legal practice for two years after finding him guilty of infamous conduct for using insulting and disrespectful language against a sitting magistrate in Anambra State.

The LPDC, sitting in Abuja, delivered its Final Direction on February 20, 2024, in Complaint No. BB/LPDC/290/2020, between Peter Okoye Nwankwo (Applicant) and C. O. Agwuna, Esq. (Respondent). The Committee, presided over by Ahmed Mustapha Goniri, Esq. (Life Bencher), also comprised Hon. Justice Aisha Bashir Aliyu (Chief Judge of Nasarawa State), Hon. Justice Halima I. Abdulmalik (Chief Judge of Niger State), Chief Umeh Kalu, SAN (Life Bencher), and Mr. Ebenezer Obeya, Esq. (Life Bencher). The judgment was read by Chief Umeh Kalu, SAN.

The case stemmed from a petition filed by Mr. Peter Okoye Nwankwo, the nominal complainant in a criminal case, Commissioner of Police v. Nwabueze Nwankwo & Ors (Charge No. MNJ/33C/2014), pending before Magistrate S.I. Anigbogu of Ekwulobia Magisterial District in Anambra State. Mr. Agwuna, who served as defence counsel in the case, was accused of frustrating the trial with frivolous applications, slandering both the complainant and the presiding magistrate, and engaging in unethical practices.

The LPDC noted that despite being properly served through substituted means—including via the Onitsha branch of the Nigerian Bar Association and by email—Mr. Agwuna neither appeared nor sent representation throughout the proceedings. The Committee observed that Agwuna had written a letter dated January 31, 2020, to the Chief Judge of Anambra State, requesting the transfer of the criminal case. The letter, attached as “Attach A” to the complaint, contained scandalous allegations against the magistrate, accusing her of being “heavily compromised financially,” “shamelessly telling lies,” “ranting and shouting at counsel,” and being “unable to appreciate legal issues.”

Another letter (“Attach B”), an application for adjournment signed by one Peter U. Onwuakpa, Esq., from Agwuna’s firm, also carried disparaging remarks, describing the magistrate’s orders as “useless” and “unwarranted.” The LPDC held that these correspondences demonstrated gross disrespect toward the judiciary and violated Rule 31 of the Rules of Professional Conduct for Legal Practitioners, 2007, which mandates lawyers to treat courts with dignity and respect.

In its findings, the Committee ruled that while a lawyer must defend clients diligently, such defence must be exercised within professional decorum. It stressed that disagreement with a court’s ruling does not justify insults or abuse toward judicial officers. It added that any complaint of bias or misconduct should be submitted to the Anambra State Judicial Service Commission rather than through offensive correspondence.

The LPDC condemned Agwuna’s actions as demeaning and unprofessional, particularly for a lawyer with nearly 40 years of experience. It stated: “It is surprising that a lawyer of nearly forty years post-call experience will throw caution to the wind and address a magistrate in the manner that the Respondent did.”

Finding him guilty of infamous conduct in breach of Rules 1 and 31(1) of the RPC, the Committee invoked Section 12 of the Legal Practitioners Act, Cap L11, LFN 2004 (as amended) and directed that Agwuna be suspended from legal practice for 24 months.

The LPDC further ordered that Agwuna’s name be marked as suspended on the Roll of Legal Practitioners by the Chief Registrar of the Supreme Court; that the direction be published in The Punch Newspaper and the Federal Gazette; and that copies be served on the President of the Nigerian Bar Association, the Chief Justice of Nigeria, heads of all courts across the Federation, and all Attorneys-General, among others.