The Legal Practitioners Disciplinary Committee (LPDC) of the Body of Benchers in Abuja has struck out a complaint filed by Val Oil Trading S.A. against Pablo Amaran, Esq. of Amaran & Associates, citing the ongoing litigation of the central issue at the Supreme Court. The ruling was delivered on June 3rd, 2024, by a panel chaired by Hon. Justice Dr. Ishaq Bello, OFR, FNIALS, Life Bencher.
Val Oil Trading S.A. had filed the complaint on February 2nd, 2021, alleging professional misconduct by Amaran in his representation of the company in a matter involving the recovery of USD428,762.57 from the owners of the vessel MT. Forth Mabel. The Applicant claimed that Amaran continued to represent them after being debriefed, instituted suits against them, and collected funds amounting to USD175,000.00 without disclosure or remittance.
The complaint alleged violations of various rules of the Rules of Professional Conduct for Legal Practitioners, including Rules 14(2), 15, 17(2), (4), and (6), 23, 30, 32, and 47. The Applicant argued that Amaran’s conduct amounted to conflict of interest, failure to keep the client informed, misleading the client, and instigating controversy or litigation.
However, the LPDC observed that the central issue leading to the complaint – the judgment on professional fees obtained by Amaran, whether through perjury arising from conflict of interest or lack of jurisdiction of the trial court – is actively being adjudicated at the Supreme Court. The Court of Appeal had previously set aside the judgment of the Federal High Court in favor of Amaran, prompting his appeal to the Supreme Court.
The LPDC noted that Amaran had filed a motion for stay of execution of the Court of Appeal’s judgment, while Val Oil Trading S.A. had filed a counter-affidavit. Amaran had also filed his brief of argument at the Supreme Court.
In light of these ongoing legal proceedings, the LPDC concluded that the disciplinary proceeding was premature, as definitive findings could not be made without the resolution of the central issue at the Supreme Court. The Committee emphasized that both actions should not run concurrently.
Consequently, the LPDC struck out the application without prejudice to Val Oil Trading S.A.’s right to return to the Committee if circumstances permit after the Supreme Court’s decision. Each party was ordered to bear its own costs.
The ruling was delivered by a panel consisting of Hon. Justice Aisha Bashir Aliyu, CJ Nasarawa, Bencher; Ahmed Mustapha – Goniri, Esq, Life Bencher; Ebenezer Obeya, Esq, Life Bencher; and Mr. Obafemi Adewale, SAN, Life Bencher, in addition to the chairman, Hon. Justice Dr. Ishaq Bello, OFR, FNIALS, Life Bencher.
Joshua Madaki, Esq represented the Applicant, while P. Amaran, Esq appeared for himself.