Posted by By Sisaa Agboh, Asst News Editor, Lagos on
The London Law Society, the equivalent of the Nigerian Bar Association (NBA), is probing a Nigerian lawyer.....
The London Law Society, the equivalent of the Nigerian Bar Association (NBA), is probing a Nigerian lawyer, Basil Onyemauchechukwu Okafor, over an alleged professional misconduct.
Okafor practices in the law firm of Basil and Co Solicitors in London, where he is accused of diverting over €650,000 clients' funds in his care.
Four clients paid the money to the firm to buy property in London.
They are Miss W.A. Morris/C. Robinson (€203,721), E. Antiadu, (€180,455), P.O. Njoku, (€178,200) and G. Sebugwawo (€135,500).
After waiting in vain for their property or refund of their money, some of the clients alerted the law society.
C. Robinson and W. Morris paid an advance of €203,721 into the law firm's account on April 26, 2006 for the purchase of a property at 50, Titchfield Road, Enfield, Middlesex, London.
The law firm allegedly failed to deliver for reasons of insufficient funds in its account.
In turn, the law society set up an Adjudication Panel to probe the matter to protect the public.
A letter written on May 26, 2006 by the society to the law firm, signed by Robin Penson (Manager, Intervention and Disciplinary Unit), told the law firm that it has reason to suspect dishonesty on its part.
"This decision was made following the consideration of information, including a forensic investigation report dated May 19, 2006. The panel has, accordingly, decided to exercise certain powers conferred on the council by Section 35 and Schedule 1 of the solicitors Act 1974.
"The exercise of these powers operates immediately by virtue of Section 15(1A) of the 1974 Act (as amended) to suspend your current practising certificate," the letter stated.
It directed Okafor to forward to the society all documents in his possession or with the firm, regarding his law practice, failure which "he shall be guilty of an offence and liable on summary conviction to a fine not exceeding 400 pounds".
The panel discovered that the law firm maintained two accounts with Barclays Bank at 29 Borough High Street, Southwark, London with ?63,949.20 credit as of May 16, 2006 and an office account with ?9,340.39 credit as of March 22, 2006.
It discovered that the firm's books of account were not in compliance with the Solicitors Accounts Rules for two reasons: Unable to justify round sums transfer from firm's client to its office bank account and account books not reconciled as required by law.
Three reasons the panel gave for the cause of cash shortage in the clients' account were: Transfer of ?152,070 from client to office account, unjustified ?182,500 payments to third parties and payment of €8,161.14 school fees out of client account.
The panel noted that, between September 15, 2005 and May 3, 2006, sums raging from ?1,200 to ?10,000 were transferred from the firm's clients to its office bank account and not allocated to any specific client ledger.
A partner in the law firm alleged that Okafor masterminded the transfers.
Amounts the investigators said he transferred from clients' to office bank account included €1,200 on September 15, 2005; ?4,000 through businesscall (September 30, 2005) and ?2,370 through on-line banking (October 21, 2005).
Okafor is believed to have fled to Nigeria in April 2006 and said to be seeking to become a Senator representing Okigwe, Imo State.
The panel could not get him to defend himself but his partner, Okeimute Lucky Ohre-Emuobosa, confirmed the transfers to the investigators.
To extricate himself, Ohre-Emuobosa has petitioned the London Metropolitan Police and the Economic and Financial Crimes Commission (EFCC).
Okafor explained in a telephone interview that he is co-ordinating a business mission in Ghana, but insisted that the allegations are frivolous and baseless.
He said the alleged transfers were effected while he was in Nigeria, and that Ohre-Emuobosa, who now manages the law firm, should be the right person to speak on the transfers.
He alleged that his partner concocted the story "because of greed".
He denied nursing any political ambition. "Sometime ago, I told him that I was interested in the Senate but that was all. I have never made up my mind to contest nor indicated interest".
Okafor said he would return to London in a fortnight and that it is not true that he is on the run.
"The EFCC has not invited me as it has no basis to do that. It is only when the Metropolitan Police in London reports the matter to the EFCC that it can act. But for now the Metropolitan Police have not questioned me or invited me for interrogation".