In May 2017, Nigeria's Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers, which punishes misconduct among lawyers, ordered the Chief Registrar of the Supreme Court of Nigeria to strike out Mr. Ugwuonye’s name. The order followed a case in which he was accused of having failed to disclose his personal interest in a property he was briefed to obtain letters of Administration for, which involved a widow.
Ifeanyi Ejiofor, counsel for the detained leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, has secured a favourable judgment in his suit against the Executive Director of the Due Process Advocates, Emeka Ugwuonye.
In May 2017, Nigeria's Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers, which punishes misconduct among lawyers, ordered the Chief Registrar of the Supreme Court of Nigeria to strike out Mr. Ugwuonye’s name. The order followed a case in which he was accused of having failed to disclose his personal interest in a property he was briefed to obtain letters of Administration for, which involved a widow.
Ugwuonye was earlier disbarred in New York and Maryland for professional misconduct.
Ejiofor had filed a suit against Ugwuonye at a Federal Capital Territory High Court in Abuja, demanding N5.1 billion for alleged defamatory publication.
Ugwuonye had alleged that Ejiofor was being investigated for fraud and forgery by the Economic and Financial Crimes Commission.
Among other things, Ugwuonye had also published the following, “What Ejiofor has been doing since 2016 was to try to use Nnamdi Kanu and IPOB to save his own neck. The case of Nnamdi Kanu gave him something he could offer the Nigerian Government as an exchange for the EFCC to drop the case against him. In the morning, Ejiofor would be talking tough to the press to impress Umuchineke, but in the evening, he will be kneeling down and begging the EFCC and (Abubakar) Malami (former Minister of Justice and Attorney General of the Federation) for them not to put him, Ejiofor, in prison.”
In the suit, Ejiofor sought the following reliefs among others:
“A declaration that the publications variously made by the defendant of and concerning the claimant, on the 5th, 6th, 7th, 8th, 9th, 10th and 12th of February, 2022, the particulars of which are contained in the statement of claim, are defamatory of the claimant.
“An order of the Honourable Court directing the defendant to forthwith publish a full retraction of the utterly libelous publications and an unqualified apology to the claimant in at least three national Newspapers with nationwide circulation.
“An order of the Honourable Court directing the defendant to forthwith publish a written undertaking not to publish any similar or further libel of and concerning the claimant.
“A perpetual order of injunction restraining the defendant, his agents, associates, privies and/or proxies howsoever called, from publishing any similar or further libel of and concerning the claimant.
“The sum of N5,000,000,000:00 (Five Billion Naira Only) as general and exemplary damages.
“The sum of N100,000,000:00 (Hundred Million Naira Only) being the cost of this action.”
But in a June 8, 2023 judgment given by Justice Njideka K. Nwosu-Iheme, the court ruled in Ejiofor’s favour and awarded him the sum of “Five Million Naira only as general and exemplary damages” and the “sum of ₦500,000:00 being the cost of this action”.
The court found and held that all the publications made by Ugwuonye were false and injurious to Ejiofor’s profession.
The court consequently ordered as follows:
“That the publications variously made by the Defendant (Emeka Ugwuonye) of and concerning the Claimant (Sir Ifeanyi Ejiofor) on the 5th, 6th, 7th, 8th, 9th, 10th and 12th of February, 2022, the particulars of which are contained in the Statement of Claim, are defamatory of the Claimant (Sir Ejiofor).
“The Defendant (Emeka Ugwuonye) to FORTHWITH publish a full retraction of the utterly libelous publications and an unqualified apology to the Claimant (Sir Ifeanyi Ejiofor) in at least three national newspapers with nationwide circulation, including Punch, Daily Times and Premium Times.
“The Defendant (Emeka Ugwuonye) to FORTHWITH publish a written undertaking not to publish any similar or further libel of and concerning the claimant (Sir Ejiofor).
“PERPETUAL INJUNCTION restraining the defendant (Emeka Ugwuonye) his agents, associates, privies and/or proxies howsoever called, from publishing any similar or further libel of and concerning the Claimant (Sir Ejiofor).”
Reacting to the judgment, Ejiofor said, “On the 21st day of February, 2022, I commenced a defamation suit against a certain Emeka Ugwuonye of the Due Process Advocates (DPA) in Suit No: CV/535/2022.
“It is pertinent to note that despite all his social media noise, rantings and grandstanding, Ugwuonye never appeared in court one day to defend his publications, neither did he file any defence to the suit, at least to avail the court with his alleged overwhelming evidence, to substantiate his successive defamatory and damaging publications.
“Emeka Ugwuonye and his lawyers filed various frivolous applications before the court, which they all abandoned. In fact, in one of the said applications, the serial forgers still forged Ugwuonye's signature on the affidavit, without his appearance before the Commissioner for Oaths as required by law; and upon realizing that the long arm of the law will surely catch up with them, his lawyers also absconded from appearing in court.
“However, the issue of forgery being an independent criminal action, is pending before the appropriate quarters.
“All the said frivolous applications including his preliminary objection and misconceived/misinformed attempt to arrest the judgment of court, were all thrown out by the court.”
“The court found and held that all the publications made by the said Emeka Ugwuonye were false and an unjustifiable attack on my reputation; and thus, injurious to my office, profession and calling,” he added.