FG files fresh Evidence against Maxwell Opara Esq, two other Abuja lawyers charged for impersonating CBN, Unity Bank in N52m garnishee proceedings

The Federal Government has filed additional evidence against three Abuja-based legal practitioners who are facing trial on a four-count criminal charge bordering on false information with the intent to mislead the Court of Appeal into entering a consent judgment of N52 million in their favour.

The Federal Government through the prosecution agency, the Economic and Financial Crimes Commission (EFCC), has equally filed a list of additional witnesses it shall call in the prosecution of the criminal charge.

When the matter came up on Wednesday, the prosecution counsel, Ibrahim Buba informed Justice Hamza Muazu of the High Court of the Federal Capital Territory, Abuja about the new development.

Buba said the list of additional evidence as well as the list of additional witnesses have already been served on the defendants.

Although the prosecution counsel expressed his readiness to proceed with the trial, the defence counsel, who confirmed that the documents were served on them, prayed for a short adjournment to enable them to study the documents.

Counsel to Maxwell Okpara (1st defendant), KC Muemeka informed the court that the said documents were just served on them in court.

Responding, the prosecution counsel who consented to the request for an adjournment agreed that indeed, the defence team needs time to study the additional evidence.

Consequently, Justice Hamza Muazu adjourned the case to February 13 and 14 for trial.

The lawyers are Messrs Maxwell Opara, Gold Nwankwo and Jubilate Obasikene, all practising in the law firm of Maxwell Opara and Associates.

The charge filed marked CR/444/2022 and by the prosecution counsel, Ibrahim Buba, followed a petition by the Central Bank of Nigeria (CBN) to the Chairman of the EFCC, accusing the lawyers of fraudulent representation and impersonation.

They were alleged to have fraudulently entered appearances for the CBN and Unity Bank Plc, without the consent and authorization of the banks in an appeal in respect of garnishee proceedings involving the sum of N52 million, at the Court of Appeal, Abuja division.

The prosecution agency told the court that the offences are contrary to sections 96 and 140 of the Penal Code Law of Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja.

The proceedings were in respect of appeal No: CA/A/18M/2017, between Mr Godwin Emmanuel Vs Chris Obot. Ambo Top Nig Ltd, Unity Bank Plc and CBN.

The appeal arose from garnishee proceedings wherein the CBN was served with an order Nisi dated November 3, 2015, by the High Court of the Federal Capital Territory, Gwagwalada, Abuja.

The Court of Appeal had granted the CBN leave to appeal against the judgment of the lower court on the condition that the entire judgment sum of N52m be deposited to the deputy Registrar to be kept in an interest yielding account in a commercial bank within 30 days from the date of the ruling, pending the determination of the appeal.

The CBN said it was surprised to learn that the matter came up for hearing on September 9, 2020, and that on that day, based on the application filed by counsel to the judgment creditor, Maxwell Opara, the court ordered that the judgment sum be released to the judgment creditor.

The bank asserted its concern was the fact that neither the bank nor its counsel was served with any hearing notice in respect of the proceedings of September 9, 2020.

That it was further informed that CBN was purportedly represented by one Gold Nwankwo in the proceedings of September 9, 2020, a counsel unknown to or briefed by the bank nor affiliated in any way to any of its external solicitors.

That in the same vein, One Okechukwu Jubilate Obasikene was said not to have the authority of Unity bank and also appeared for Unity Bank in the proceedings.

That upon investigation, it was discovered that the said Gold Nwankwo was listed on the letterhead of Messrs. Maxwell Opara and Associates(counsel to the judgment creditor), as one of its lawyers in chambers.

That it, therefore, appears that the counsel from the chambers of Messrs. Maxwell Opara and Associates representing the judgment creditor, might have colluded to deceive the Court of Appeal by impersonating the counsel briefed by the CBN, contrary to the legal practitioners’ rules of professional conduct.

The charge marked CR/444/2022, and dated August 26, 2022, reads:

That you, Barrister Maxwell Okpara and Barrister Gold Nwankwo, sometime in September 2020 in Abuja, within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with the intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.

That you, Barrister Gold Nwankwo, on the 9th day of September 2020 in Abuja, within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja that you were representing the Central Bank of Nigeria during the hearing of appeal No CA/A/18/M/2017 and consented to the withdrawal and striking of the motion paper dated August 29, 2020, and filed on September 1, 2020, knowing that the Central Bank of Nigeria never authorised you to represent it in the proceedings, and you thereby committed an offence contrary to section 140 of the Penal Code law of Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.

That you, Barrister Maxwell Okpara and Barrister Jubilate Obasikene, sometime in September 2020 in Abuja, within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did conspire to commit an offence to wit: giving false information with the intent to mislead public servant and thereby committed an offence contrary to section 96 of the Penal Code law of Northern Nigeria as applicable in the FCT, and punishable under section 97 of the same law.

That you, Barrister Jubilate Obasikene, on the 9th of September 2020 in Abuja, within the judicial division of the High Court of the Federal Capital Territory, FCT, Abuja, did inform the Court of Appeal sitting in Abuja, that you represented the Unity Bank Plc during the hearing of appeal No CA/A/18/M/2017, and consented to the withdrawal and striking out of the motion paper dated August 29, 2020, and filed on September 1, 2020, knowing that the Unity Bank Plc never authorised you to represent it in the proceedings and you thereby committed an offence contrary to section 140 of the Penal Code law of Northern Nigeria as applicable in the Federal Capital Territory, FCT, Abuja, and punishable under section 140 of the same law.