Supreme Court Strikes Out Originating Motion Against Chief J-K Gadzama, SAN & Others

 An Originating Motion filed by Onyechi Egwuonwu, Esq. against Chief Joe-Kyari Gadzama, SAN & Others has been struck out by the nation’s highest Court The Supreme Court.

 The Court also awarded a cost of N2,000,000.00 against the Plaintiff’s Counsel in favour of the 1st, 2nd, and 4th Defendants on Tuesday, 28th November 2023. The Plaintiff was represented by B.E.I Okafor, SAN, and J. O. Okoye, Esq.

The respective Defendants were (1) Chief Joe-Kyari Gadzama, SAN; (2) Petro Union Oil and Gas Company; (3) Union Bank of Nigeria Plc; and (4) Central Bank of Nigeria. The 1st Defendant was represented by Mohammed Monguno, Esq., Darlington Onyekwere, Esq., and Hajara Mohammed Sani Sorondinki, Esq. The 2nd Defendant was represented by Mela Nunghe, SAN, and Mark Chidi Agbo, Esq. while the 4th Defendant was represented by Celestine Acheme, Esq. The 3rd Defendant was unrepresented.

The Plaintiff had filed an Originating Motion seeking to invoke the original jurisdiction of the Supreme Court pursuant to Section 232 (2) of the Constitution of the Federal Republic of Nigeria (as amended) and Section 13 (1) of the Legal Practitioners Act.

The Court expressed its utmost displeasure and stated emphatically that the circumstances of the matter did not invoke the exercise of Section 13 of the Legal Practitioners Act. The Court also stated that such matters cannot be commenced at the Supreme Court by an originating process when the matter does not relate to any pending appeal before it and a finding of guilt has not been made.

The Court cautioned the Plaintiff’s Counsel against stretching the provision of the law and asked Learned Silk to withdraw the motion while stating that Learned Silk would face serious liability in cost.

Taking the hint of the Court, the Plaintiff’s Counsel withdrew his motion. The 1st, 2nd, and 4th Defendants did not oppose the application. However, the 1st and 2nd Defendants applied for cost having filed processes and entered appearance in the matter.

The motion having been withdrawn was struck out accordingly. A cost of N2,000,000.00 was consequently awarded against the Plaintiff’s counsel in favour of the 1st, 2nd, and 4th Defendants.

The Court’s decision is a double celebration for Gadzama, SAN as the matter was struck out on his 62nd birthday anniversary.