Chukwunenye Nweke versus Bar U .S. Ekpo Esq: The hidden agenda

U.S. EKPO ESQ DISCHARGED HIS DUTY AS ORDERED BY COURT BY THE MAGISTRATE COURT. HE DID NOT ABUSE SEC. 36(6)(B) OF THE CONSTITUTION. MR. CHUKWUNENYE NWEKE REQUEST FOR OTHER DOCUMENTS IS NEITHER SUPPORTED BY THE COURT ORDER NOR SEC. 185(2) OF ACJL, THUS, U.S. EKPO ESQ IS HEREBY DISCHARGED, LPDC Rules


” The decision by the Legal Practitioners Disciplinary Committee on the case was given in error because the application I made to the magistrate court was supported by sec. 185(2) and other relevant laws, and my application to LPDC was within the provisions of the court order and ACJL. That the Prosecutor, U.S.EKpo Esq did not discharge his responsibility as ordered by the Magistrate Court. U. S. Ekpo disrespected the court by refusing to grant me access to the Crack Squad Zone 9 documents under the custody of U. S. Ekpo Esq as ordered by the Magistrate Court “, said the Applicant, Mr Chukwunenye Nweke.

The Legal Practitioners Disciplinary Committee led by the Chairman, Emmanuel .C. Ukala SAN has released its Final Direction on the matter; BB/LPDC/274/2020, Between Mr CHUKWUNENYE NWEKE(Applicant and U.S. Ekpo Esq( Respondent).

The committee in its Final Direction alleged that U. S. Ekpo Esq did not violate Sect. 36(6)(b), Rule 1,30 and 31 of the Rules for Professional Conduct for Legal Practitioners as alleged by Mr Chukwunenye Nweke.

The committee alleged that Mr Chukwunenye Nweke was asking for more than what he ought to get from U.S. Ekpo based on the provisions of the court order and section 185(2) of ACL.

The committee alleged that U. S. Ekpo has discharged his responsibility as ordered by the court and section 185(2) ACL.

The Final Decision by the committee: ‘ It is, therefore, crystal clear that the Applicant is asking for more than what he ought to get from the Respondent based on the provisions of the court order and section 185(2).

“We, therefore, agree with the Respondent that the Applicant wanted a wider interpretation to the court to cover other matters outside Charge No. MAW/97c/2019.

” We hold that both the clear terms of the court order of the Magistrate Court and the provision of section 185(2) do not avail the Applicant the luxury of what he seeks to harvest from the court order. His( Applicant’s) wishes are neither supported by ACJL nor the order of the court”.

The committee continued”, The combined effect of the Court Order and the provision of section 185(2) ACJL of Anambra State leaves us with no doubt that the Respondent ( U.S. Ekpo Esq) has discharged his responsibility as ordered by the court and we find no basis for finding any fault with his conduct.

“Given the above, we find that the Respondent is not in violation of the provision of section 36(6)(b) of the constitution and Rules,1,30,31 or indeed any of the Rules of the Professional Conduct for Legal Practitioners as alleged by the Applicant.

” The committee ruled”, we find no merit in the Application, it fails and it is hereby dismissed”, LPDC declared.



Nevertheless, a glaring view of the court order and its ( Court order’s ) comparison with Exhibit CN1( a list of documents) tendered by the Respondent, U. S. Ekpo Esq shows that U. S. Ekpo Esq didn’t only violate section 36(6)(b) of the constitution, the said comparison also showed that U. S. Ekpo allegedly disrespected the court order, violated rule of law and delayed administration of justice contrary to Rules 1,30 and 31 of the code of conduct for legal practitioners in Nigeria.

That the court ordered the prosecutor, in charge no: MAW/ 97C/2019, to release more than 13 documents to the defendant in the said charge no by ACJL and section 36(6)(b) but the prosecutor ( U. S. Ekpo ) deliberately refused to comply with the court order in its totality.

The court order read in part:


” The motion on notice dated 2nd August 2019 and filed the same day, brought under Sec. 185(2) of the ACJL 2010, Sec. 102(a) and 104(1) of the Evidence Act,2011 and Sec. 36(6)(b).
The motion prays for an order of the Honourable Court directing the prosecutor in this change( charge) to issue to the defendant/applicant upon payment of the necessary fees, the certified true copies of the following documents:

(1) Preliminary Police Investigation Report by Crack Squad Zone 9.

(2) Comprehensive Police Investigation Report by Crack Squad Zone 9.

(3) Preliminary Police Investigation report by Monitoring Unit Zone 9.

( 4) Comprehensive Police Report by Monitoring Unit Zone9.

(5) Aguiyi Anuli statement to Crack Squad.

6) Police Investigation report by C.P.S
Awka.

(7) Statement of Dr Aguiyi to C.P
S.Awka.

(8) Statement of Mrs Ogochukwu Ikunne of C.P
S, Awka.


(9) Statement of Uwem to Crack Squad Zone 9.


(10) the Applicant’s statements to Monitoring Unit.

(11) statement of Dr Aguiyi Anuli Monitoring Unit.

(12) Petition written to AIG Zone 9 by Dr Aguiyi Anuli.

(13 ) And all other documents that the prosecution intends to rely on in prosecuting this charge”.


The court ordered the prosecutor to issue the above-listed documents to the defendant by section 185(2) of the ACJL,2010.


But the prosecutor, Barr. U. S. Ekpo Esq while complying with the court or court order, issued only seven(7) documents out of the 13 listed documents, in abuse of the court order and the laws upon which the said order was granted.

These are the seven documents released by the prosecutor, U.S. Ekpo Esq: The documents are listed in a document Marked as Exhibit CN1 before LPDC by U. S. Ekpo ESQ.

(1). Petition addressed to AIG Zone 9 by Aguiyi Anuli.

(2). Comprehensive Police Investigation Report by Monitoring Unit Zone 9


(3). Mr Chukwunenye Nweke ‘s statement paper of Monitoring Unit Zone 9 dated, 06/08/18

(4). Mr Chukwunenye Nweke’s Statement Paper of Monitoring Unit Zone 9 dated,16/08/18.


(5). Dr Aguiy Anuli statement paper of Monitoring unit Zone 9 dated 06/08/18

(6). Documents purportedly generated from Mr Chukwunenye Nweke’s Facebook stories.

(7). Certificate

Based on the list of documents released by U. S. Ekpo as above, it is evident to state that the following documents contained in the court order are yet to be released by U. S. Ekpo: Preliminary Police Reports by Monitoring Unit and Crack Squad Zone9, Full Report by C.P.S, Awka, Crack Squad Statement of Uwem Friday, C.P.S statement papers of Aguiyi Anuli and Ogochukwu Ikunne which are attached to the Crack Squad Case File under the custody of O/C Legal Zone9 CSP Onyemauche Esq and the prosecutor, U.S . Ekpo are still held by U. S. Ekpo in contravention of the court order. See the court order.