The Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers has imposed a two-year suspension on Cyprian Obiora Ifeanyi Agwuna, Esq., a veteran lawyer called to the Nigerian Bar in 1983, for engaging in infamous conduct by using insulting and disrespectful language against a sitting magistrate in Anambra State.

The suspension, which takes immediate effect, followed a detailed investigation into Complaint No. BB/LPDC/290/2020, filed by Peter Okoye Nwankwo against Agwuna. The LPDC, sitting in Abuja under the chairmanship of Ahmed Mustapha Goniri, Esq. (Life Bencher), delivered its Final Direction on February 20, 2024. Other members of the panel included Hon. Justice Aisha Bashir Aliyu (Chief Judge of Nasarawa State), Hon. Justice Halima I. Abdulmalik (Chief Judge of Niger State), Chief Umeh Kalu, SAN (Life Bencher), and Mr. Ebenezer Obeya, Esq. (Life Bencher). The judgment was read by Chief Umeh Kalu, SAN.

The case arose from a criminal matter, Commissioner of Police v. Nwabueze Nwankwo & Ors (Charge No. MNJ/33C/2014), pending before Magistrate S. I. Anigbogu of the Ekwulobia Magisterial District in Anambra State. Agwuna acted as defence counsel for the accused persons, while Nwankwo was the nominal complainant.

Nwankwo accused Agwuna of employing unethical tactics to frustrate the speedy trial of the case, including filing frivolous applications, slandering both the complainant and the presiding magistrate, and engaging in dilatory maneuvers. He alleged that Agwuna’s repeated applications for no-case submissions, appeals, and case transfers were aimed at undermining the prosecution.

The Originating Application, supported by a 15-paragraph statement of facts deposed to by Nwankwo on October 2, 2020, at the High Court Registry, Enugu, included several attachments:

  • Attach A: A letter dated January 31, 2020, written by Agwuna to the Chief Judge of Anambra State, requesting a transfer of the criminal case. The letter contained scandalous allegations against Magistrate Anigbogu, describing her as “heavily compromised financially,” “shamelessly telling lies,” “ranting and shouting at counsel,” and “unable to appreciate legal issues.” He further asserted that the magistrate should be “drummed out” of the Bar for exhibiting “disdain and disrespect.”
  • Attach B: An application for adjournment in the same criminal charge, signed by Peter U. Onwuakpa, Esq., of Agwuna’s law firm, dated August 2, 2020. The document referred to the magistrate’s rulings as “useless” and “unwarranted,” and described her as a “very junior magistrate with no experience.”

Nwankwo urged the LPDC to sanction Agwuna and restore discipline and decorum within the legal profession.

The LPDC commenced proceedings on October 28, 2020, after confirming proper service of the Originating Application. Despite multiple attempts— including substituted service via the Onitsha Branch of the Nigerian Bar Association (NBA), email notifications to cyprianagwuna@gmail.com, and personal service attempts by the applicant’s counsel, Davidson Duru, Esq.—Agwuna neither appeared nor filed any representation.

Hearings were held on November 29, 2022, November 29, 2023, and October 3, 2023, during which final written addresses were adopted. The committee concluded that these efforts satisfied the fair hearing requirement under Rule 13 of the LPDC Rules, 2020.

Although Agwuna filed a reply affidavit dated March 19, 2021 (filed August 31, 2021), he failed to substantively address the allegations or participate further. He admitted filing stay applications but maintained that they were in the best interest of his clients.

The Committee considered a single issue: whether the evidence established a case of professional misconduct against Agwuna.

While recognizing that a lawyer is entitled to zealously defend clients, the LPDC held that such advocacy must remain within professional bounds. It found that Agwuna’s letters contained language that was “contemptuous, demeaning, shocking, and embarrassing,” contrary to Rule 31(1) of the Rules of Professional Conduct for Legal Practitioners (RPC), 2007, which mandates that “a lawyer shall always treat the Court with respect, dignity, and honour.”

The Committee further emphasized that Rule 31(2) requires any complaint against a judicial officer to be made through the proper authority—such as the State Judicial Service Commission—and not via insulting correspondence.

The LPDC described Agwuna’s conduct as particularly egregious given his nearly 40 years of post-call experience:

“It is surprising that a lawyer of nearly forty years post-call experience would throw caution to the wind and address a magistrate in such an unbecoming manner.”

The panel found no sufficient proof of slander or intentional delay but determined that Agwuna’s letters and applications constituted infamous conduct in a professional respect, violating Rules 1 and 31(1) of the RPC and Section 12 of the Legal Practitioners Act, Cap L11, LFN 2004 (as amended).

Accordingly, the LPDC ordered as follows:

  1. Cyprian Obiora Ifeanyi Agwuna, Esq. is suspended from legal practice for 24 months, effective February 20, 2024.
  2. The Chief Registrar of the Supreme Court shall notate the suspension on the Roll of Legal Practitioners and notify the respondent.
  3. The decision shall be published in The Punch Newspaper and the Federal Gazette.
  4. Copies of the direction shall be served on:
    • The President of the Nigerian Bar Association,
    • The Chief Justice of Nigeria,
    • The Presidents and Chief Judges of all federal and state courts,
    • The Grand Khadis and Presidents of Customary Courts of Appeal,
    • All State Attorneys-General, and
    • The Inspector-General of Police and state Commissioners of Police.

The Committee stressed that the sanction serves as a deterrent to other practitioners and as a reminder that while robust advocacy is permitted, personal attacks against judicial officers are never acceptable.

Peter Okoye Nwankwo v. Cyprian Obinyi Agwuna, Esq.
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