The FCT High Court presided over by Hon. Justice Bamodu last Wednesday dismissed a suit filed by Mr. Onyechi Egwuonwu, a senior lawyer, against Chief Joe-Kyari Gadzama, SAN, Petro-Union Oil & Gas Oil Company, Union Bank, Central Bank of Nigeria and attorney-General of the Federation bordering on legal representation of Petro-Union Oil & Gas Company.

It will be recalled that the Federal High Court in its judgment delivered on 11/03/2014 in Suit no. FHC/ABJ/CS/104/2012 awarded the sum of £2,556,000,000 with accruing interest in favour of Petro-Union. The suit is between Petro Union and Union Bank & Ors.

Egwuonwu however approached the FCT High Court by way of originating summons filed on 3/03/2025 wherein he sought, among other prayers, a relief restraining Gadzama personally or through any lawyer in his firm, from acting for and/or continuing to hold themselves out as counsel to Petro-Union Oil & Gas Coy Limited in matters relating to the £2,556,000,000 judgment sum due to the company arising from the judgment of the Federal High Court delivered in its favour in FHC/ABJ/CS/104/2012.

Egwuonwu also sought a declaration that Petro-Union is incompetent to debrief him as their counsel in the related matters and realization of the judgment sum. He anchored his claims principally on an Irrevocable Power of Attorney said to have been issued to him by Petro-Union on 28/08/2014.

The suit had Mr. Joe-Kyari Gadzama, SAN, Petro-Union Oil & Gas Coy Ltd, Union Bank, Central Bank of Nigeria and Attorney General of the Federation as the 1st to 5th Defendants respectively.

The legal team of Gadzama, led by Mr. Darlington Onyekwere alongside lawyers from J-K Gadzama LLP, had argued that Egwuonwu was not entitled to the reliefs sought as Petro-Union has a constitutional right to counsel of its choice and can engage or disengage any counsel at any point in time.

Onyekwere further argued that Egwuonwu has been repeatedly assured by both Gadzama and Petro-Union that he will be paid his due professional fees when the judgment sum arising from FHC/ABJ/CS/104/2012 or any part of it is realized. He then urged the court to dismiss the case.

Petro-Union Oil & Gas Coy Ltd. on its part, through its lead counsel, Mr. Mohammed Monguno, argued that granting any of the reliefs sought by Egwuonwu would amount to imposition of counsel on the company in violation of its constitutional right to freely choose its counsel.

Monguno also drew the court’s attention to the fact that all steps and actions taken by Gadzama on behalf of Petro-Union were in his capacity as its counsel duly authorised and sanctioned by it.

Union Bank through the law firm of Olaniwun Ajayi LP and Central Bank of Nigeria – represented by Sale Sule of Abdullahi Ibrahim & Co. – both applied that their names should be struck out as parties to the action, arguing that the suit disclosed no reasonable cause of action against them. There was no legal representation for the Attorney General of the Federation, sued as 5th Defendant.

The court agreed with counsel to Union Bank and CBN that they were not proper parties to the action. It accordingly struck out their names of Union Bank, CBN and Attorney General of the Federation as parties to the suit. Costs of N250,000 each were awarded against the Claimant in favour of CBN and Union Bank.

On the substantive suit, the Court held, inter alia, that:

a) Petro-Union has a right to counsel of its choice.

b) Gadzama cannot be restrained from acting or representing Petro Union in relation to negotiation or realization of the judgment sum due to it arising from the FHC Judgment.

c) Petro-Union cannot be barred from debriefing Egwuonwu as its counsel irrespective of the irrevocable power of attorney.

d) Egwuonwu has not established entitlement to any of the reliefs cognizable in law.

f) Egwuonwu is however entitled to settlement of his agreed professional fees by Petro-Union upon realization of the judgment sum arising from the Judgment of the FHC.

All other reliefs sought by Egwuonwu were also dismissed.

(C) CITY LAWYER Magazine. All rights reserved. To join our Channel, click here. Click here to join our WhatsApp chatroom. Contact us at citylawyermag@gmail.com or 081-3838-0083.